HomeMy WebLinkAboutOrdinance No. 18-038 amend the Zoning OrdinanceArticle 1
2-1 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
Effective November 6, 2018
UNIVERSITY PARKZONING ORDINANCE
Article 1
2-2 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
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2-5 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
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Article 1
I EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
Article 1. Introductory Provisions ..................................1-1
Article 2. Residential Districts ..........................................2-1
Article 3. Commercial Districts ........................................3-1
Article 4. Special Districts ................................................4-1
Article 5. Uses ....................................................................5-1
Article 6. Parking ...............................................................6-1
Article 7. Garages and Driveways ...................................7-1
Article 8. Fences, Walls and Screening ...........................8-1
Article 9. Review and Approval Procedures ..................9-1
Article 10. Administration and Enforcement .................10-1
Article 11. Measurements and Definitions ....................11-1
Contents
Article 1
II CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
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1-1 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
Article 1. Introductory Provisions
Sec. 1.1. Sec. 1.1 Title
This ordinance is known and may be cited and referred
to as the “zoning ordinance” of the City of University
Park, Texas.
Sec. 1.2. Sec. 1.2 Authority
This zoning ordinance is adopted under the authority
granted and subject to any limitations imposed by the
Constitution and laws of the State of Texas and the
home rule charter of the city.
Sec. 1.3. Sec. 1.3 Effective Date
The provisions of this zoning ordinance become
effective on November 6, 2018, except as otherwise
expressly stated.
Sec. 1.4. Sec. 1.4 Considerations
The zoning regulations and districts have been made
with reasonable consideration for, among other things,
the character of the district, and its peculiar suitability
for the particular uses specified; and with a view to
conserving the value of buildings and encouraging
the most appropriate use of land throughout the
city consistent with the comprehensive plan. The
comprehensive plan has been used as a guide to
develop the regulations of this zoning ordinance.
Sec. 1.5. Sec. 1.5 Applicability and Jurisdiction
The provisions of this zoning ordinance apply to
all buildings, structures, land and uses within the
corporate limits of the City of University Park.
Sec. 1.6. Sec. 1.6 Purposes
This zoning ordinance is adopted to advance the
purposes defined in Sec. 211.004 of the Texas Local
Government Code and to:
1.6.1. Maintain and enhance a high quality of life for
city residents;
1.6.2. Protect the character of established neighbor-
hoods;
1.6.3. Maintain economically vibrant and visually
attractive business, commercial and mixed-use
areas;
1.6.4. Promote a range of housing choices and op-
tions;
1.6.5. Establish clear and efficient development re-
view and approval procedures that are com-
mensurate with potential land use impacts;
1.6.6. Accommodate and promote innovation, cre-
ativity and flexibility; and
1.6.7. Encourage development, in accordance with
the preceding purposes.
Sec. 1.1. Title ...........................................................................................................1-1
Sec. 1.2. Authority ..................................................................................................1-1
Sec. 1.3. Effective Date ..........................................................................................1-1
Sec. 1.4. Considerations ........................................................................................1-1
Sec. 1.5. Applicability and Jurisdiction .................................................................1-1
Sec. 1.6. Purposes ..................................................................................................1-1
Sec. 1.7. Minimum Requirements ........................................................................1-2
Sec. 1.8. Compliance Required .............................................................................1-2
Sec. 1.9. Creation of Building Sites ......................................................................1-2
Sec. 1.10. Conflicting Provisions .............................................................................1-3
Sec. 1.11. Language and Interpretation ................................................................1-3
Sec. 1.12. Zoning Map ..............................................................................................1-4
Sec. 1.13. Transitional Provisions ...........................................................................1-5
Sec. 1.14. Severability ..............................................................................................1-5
Article 1 Introductory Provisions
Sec. 1.7 Minimum Requirements
1-2 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
Sec. 1.7. Sec. 1.7 Minimum Requirements
1.7.1. The provisions of this zoning ordinance are
the minimum requirements deemed neces-
sary to carry out the zoning ordinance’s stated
purposes.
1.7.2. In addition to the requirements of this zoning
ordinance, all uses, buildings and structures
must comply with all other applicable ordi-
nances, laws and regulations.
1.7.3. All references in the zoning ordinance to other
governmental regulations are for information-
al purposes only and do not constitute a com-
plete list of such regulations. These references
do not imply any responsibility for the city to
enforce regulations imposed by other govern-
ment authorities.
Sec. 1.8. Sec. 1.8 Compliance Required
1.8.1. Land may not be used for any purpose other
than one that is allowed by the provisions of
this zoning ordinance.
1.8.2. A building or structure may not be erected,
located, moved, reconstructed, extended or
structurally altered except as allowed by this
zoning ordinance.
1.8.3. Buildings, structures and land may be used
and occupied only in compliance with the pro-
visions of this zoning ordinance.
1.8.4. All lots created or modified and all improve-
ments and lot features must comply with all
applicable provisions of this zoning ordinance.
Sec. 1.9. Sec. 1.9 Creation of Building Sites
1.9.1. Legal Lot Required
Permits for the construction of a building upon any
lot or parcel may be issued only after the community
development director determines, based on evidence
provided by the applicant, that at least one of the
following criteria has been met:
A. The lot or parcel is part of a plat or replat of record
that has been reviewed and approved by the plan-
ning and zoning commission and filed in the plat
records of Dallas County;
B. The site, lot, or parcel is all or part of a site plan
officially approved by the city council in a planned
development district, and the approved site plan
provides all utility and drainage easements, alleys,
streets, and other public improvements necessary
to meet the normal requirements for platting, in-
cluding the designation of building areas and such
easements, alleys, and streets have been properly
dedicated and the necessary public improvements
provided; or
C. The lot or parcel abuts a dedicated street and was
separately owned as a lot of record before Novem-
ber 7th, 1977, in which case a building permit for
only one main building may be issued on each such
original separately owned parcel, provided that a
lot or parcel to be occupied by a detached dwelling
structure in a single-family or duplex district must
have a minimum lot width of at least 40 feet.
1.9.2. Plat Required
A. Notwithstanding the provisions of 1.9.1, permits
for construction of a structure may not be issued
until such lot or parcel has been fully platted, either
by original plat, replat, or amending plat as may be
required or authorized by law.
B. If the survey description or the submitted draw-
ing indicates an existing property line or multiple
property lines through the building lot, the process
for amending the plat to remove the old property
lines must be initiated for all new homes, additions,
pools and detached accessory structures (excluding
arbors, outdoor fireplaces and outdoor kitchens).
However, an amending plat may be required when
an alley dedication is necessary. An amending plat
allows two or more lots to be combined into one
lot.
C. An individual single-family attached house must
be located on its own lot. A survey or plat must
be submitted with the building plans for attached
houses showing that each house will be located on
its own individual lot.
Article 1 Introductory Provisions
Sec. 1.10 Conflicting Provisions
1-3 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
Sec. 1.10. Sec. 1.10 Conflicting Provisions
1.10.1. State or Federal Regulations
If the provisions of this zoning ordinance are
inconsistent with state or federal law, the more
restrictive provision governs, to the extent allowed
by law. The more restrictive provision is the one that
imposes more stringent controls.
1.10.2. Other City Regulations
If the provisions of this zoning ordinance are
inconsistent with one another or if they conflict with
provisions found in other adopted ordinances or
regulations of the city, the more restrictive provision
governs unless otherwise expressly stated. The more
restrictive provision is the one that imposes more
stringent controls.
1.10.3. Private Agreements and Covenants
This zoning ordinance does not interfere with, abrogate
or annul any easement, covenant, deed restriction
or other agreement between private parties. If the
provisions of this zoning ordinance impose a greater
restriction than imposed by an agreement or covenant
among private parties, the provisions of this zoning
ordinance govern. The city is not responsible for
monitoring or enforcing agreements or covenants
among private parties.
Sec. 1.11. Sec. 1.11 Language and Interpretation
1.11.1. Meanings and Intent
Words and terms expressly defined in this zoning
ordinance including those defined in Article 11 have
the specific meanings assigned unless the context
indicates another meaning. Words and terms that are
not expressly defined in this zoning ordinance have the
meaning given in Merriam-Webster’s Collegiate Dictionary.
1.11.2. Computation of Time
A. References to “days” are to calendar days unless
otherwise expressly stated. References to “busi-
ness days” are references to regular city govern-
ment working days, excluding Saturdays, Sundays
and holidays observed by city government.
B. The time in which an act is to be completed is
computed by excluding the first day and including
the last day. If the last day is a Saturday, Sunday
or holiday observed by city government, that day
is excluded and the “last day” is the next business
day.
C. A day concludes at the close of business and any
materials received after that time will be consid-
ered to have been received the following business
day.
1.11.3. Tenses and Usage
A. Words used in the singular include the plural, and
words in the plural include the singular.
B. Words used in the present tense include the future
tense. The reverse is also true.
C. The words “must,” “will,” “shall” and “may not” are
mandatory.
D. The word “may” is permissive, not mandatory or
required.
E. When used with numbers, “up to x,” “not more than
x” and “a maximum of x” all include “x.”
F. The word “person” includes a firm, association,
organization, partnership, limited liability company,
trust, or corporation, as well as an individual.
G. The words “used” and “occupied” include “intended,
designed or arranged to be used or occupied.”
1.11.4. Conjunctions
A. Unless the context otherwise expressly indicates,
conjunctions have the following meanings:
B. “And” indicates that all connected items or provi-
sions apply; and
C. “Or” indicates that the connected items or provi-
sions may apply singularly or in combination.
1.11.5. Headings and Illustrations
Headings and illustrations are provided for convenience
and reference only and do not define or limit the scope
of any provision of this zoning ordinance. In case of
any difference of meaning or implication between the
text of this zoning ordinance and any heading, drawing,
table, figure or illustration, the text governs.
1.11.6. Versions and Citations
All references in this zoning ordinance to other city,
state or federal regulations are to be construed as
referring to the most up-to-date version and citation for
Article 1 Introductory Provisions
Sec. 1.12 Zoning Map
1-4 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
those regulations, unless otherwise expressly indicated.
When the referenced regulations have been repealed
and not replaced by other regulations, zoning ordinance
requirements for compliance are no longer in effect.
1.11.7. Lists and Examples
Unless otherwise expressly indicated, lists of items
or examples that use “including,” “such as,” or similar
terms are intended to provide examples only. They
are not to be construed as exhaustive lists of all
possibilities.
1.11.8. Delegation of Authority
Whenever a provision appears requiring the head of
a department or another officer or employee of the
city to perform an act or duty, that provision will be
construed as authorizing the department head or
officer to delegate that responsibility to others over
whom he or she has authority. Delegation of authority
is not allowed when the provisions of this zoning
ordinance expressly prohibit such delegation.
1.11.9. Public Officials and Agencies
Unless otherwise expressly stated, all employees, public
officials, bodies and agencies to which references
are made in this ordinance are those of the City of
University Park or individuals or agencies legally
authorized to act on behalf of the City of University
Park.
Sec. 1.12. Sec. 1.12 Zoning Map
1.12.1. Establishment
The location and boundaries of the districts included
in this zoning ordinance must be established by
ordinance and shown on a geographic coverage layer
that is maintained as part of a geographic information
system (GIS). This “zoning” geographic coverage layer
constitutes the city’s official zoning map.
1.12.2. Maintenance and Updates
The community development director is responsible for
directing revisions to the official zoning map to reflect
its amendment as soon as possible after the effective
date of any zoning map amendments (rezonings) or
other actions requiring notation on the zoning map.
1.12.3. Amended Boundaries
When a zoning map amendment is approved, amended
boundary lines of districts must be described by
legal description or by a map that accompanies the
ordinance establishing the district or amending the
district boundaries. When a legal description is used,
the boundary is deemed to extend to the centerline of
abutting streets. When a map is used, boundary lines
must be established by dimensions, property lines,
recorded lot lines, or the centerline of abutting streets,
alleys, or railroad rights-of-way, as those features were
of record at the time of adoption.
1.12.4. Map Interpretations
Where any uncertainty exists about a zoning boundary
that was established by legal description, the legal
description accompanying the amending ordinance
governs. In other cases, the community development
director is authorized to make an interpretation of the
boundaries. The following rules apply to all zoning map
interpretations:
A. Boundaries shown as approximately following the
centerlines of streets, highways, alleys or other
public rights-of-way must be construed to follow
such centerlines.
B. Boundaries shown as approximately following plat-
ted lot lines must be construed as following such
lot lines.
C. Boundaries shown as approximately following city
limit lines must be construed as following those
lines.
D. Boundaries shown as approximately following rail
lines must be construed to be midway between the
main tracks.
E. Boundaries shown as approximately following the
shoreline or centerline of a river, stream, lake or
other watercourse must be construed as following
the actual shoreline or centerline of the water-
course. If, after establishment of the boundary, the
shoreline or centerline of the water-course moves
as a result of natural processes (flooding, erosion,
sedimentation, etc.), the boundary must be con-
strued as moving with the shoreline or centerline
of the watercourse.
Article 1 Introductory Provisions
Sec. 1.13 Transitional Provisions
1-5 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
F. Where physical features on the ground are at odds
with information shown on the zoning map, or if
questions arise about how or whether property is
zoned and the question cannot be resolved by the
application of paragraphs A through E of this sub-
section or the zoning of property is invalidated by a
final judgment of a court of competent jurisdiction,
the property remains zoned in accordance with the
ordinance immediately preceding the invalidated
one.
1.12.5. Right-of-Way Vacations
Whenever any street, alley or other public way is
vacated by official action of the city council or whenever
street or alley area is franchised for building purposes,
the zoning boundary line adjoining each side of such
street, alley or other public way is extended to the
centerline of such vacated street, alley or way, and all
area so involved will be subject to all regulations of the
extended zoning district.
Sec. 1.13. Sec. 1.13 Transitional Provisions
The provisions of this section address the transition
to this zoning ordinance, from the zoning ordinance in
effect immediately before the effective date specified in
Sec. 1.3.
1.13.1. Completion of Building
Any building, development or structure for which a
building permit was issued or a complete building
permit application had been accepted for processing
before the effective date specified in Sec. 1.3 may be
completed in conformance with the issued building
permit and other applicable permits and conditions,
even if such building, development or structure does
not comply with provisions of this zoning ordinance.
If the building, development or structure is not
commenced and completed within the time allowed
under the original building permit and any authorized
permit extension, the building, development or
structure may be constructed, completed and occupied
only if it complies with the regulations of this zoning
ordinance.
1.13.2. Pending Approvals
Complete applications for variances, special exceptions,
specific use permits, planned development districts
and other zoning-related matters that are pending
approval on the effective date specified in Sec. 1.3
must be reviewed wholly under the terms of the zoning
ordinance in effect immediately preceding the effective
date specified in Sec. 1.3.
1.13.3. Issuance of Permits
The community development director is authorized
to issue permits for construction or development
approved before the effective date specified in Sec. 1.3
and for approved developments that were pending
approval before that effective date, subject to all
applicable conditions of the approval. If construction of
development is not commenced and completed within
the time allowed under the permit and any authorized
permit extension, then the building, development or
structure may be constructed, completed and occupied
only if it complies with the regulations of this zoning
ordinance.
1.13.4. Violations
The adoption of this zoning ordinance does not affect
any pending or future prosecution of, or action to
abate, violations of the previous zoning ordinance that
occurred before the effective date specified in Sec. 1.3.
Sec. 1.14. Sec. 1.14 Severability
The sections, paragraphs, sentences, clauses and
phrases of this zoning ordinance are severable. If
any phrase, clause, sentence, paragraph or section
is declared unconstitutional or invalid by a court of
competent jurisdiction that portion of the ordinance
is to be deemed severed from the zoning ordinance
and in no way affects or diminishes the validity of the
remainder of the zoning ordinance.
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2-1 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
Article 2. Residential Districts
Sec. 2.1. Districts ....................................................................................................2-2
Sec. 2.2. Purpose ....................................................................................................2-2
Sec. 2.3. Additional Regulations ...........................................................................2-2
Sec. 2.4. SF District Regulations ...........................................................................2-3
Sec. 2.5. SF-A District Regulations ......................................................................2-10
Sec. 2.6. D District Regulations ...........................................................................2-15
Sec. 2.7. MF District Regulations ........................................................................2-20
Sec. 2.8. Roofs and Dormers ...............................................................................2-26
Sec. 2.9. Impermeable Lot Coverage .................................................................2-27
Sec. 2.10. Setbacks and Encroachments .............................................................2-27
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Article 2 Residential Districts
Sec. 2.1 Districts
2-2 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
Sec. 2.1. Sec. 2.1 Districts
The residential zoning districts are listed in Table 2-1.
When the provisions of this zoning ordinance refer to
“residential” districts they are referring to these districts.
Table 2-1: Residential Districts
District Name Map Symbol
Single-family detached dwelling district 1 SF-1
Single-family detached dwelling district 2 SF-2
Single-family detached dwelling district 3 SF-3
Single-family detached dwelling district 4 SF-4
Single-family attached dwelling district SFA
Duplex dwelling district 1 D-1
Duplex dwelling district 2 D-2
Multiple-family dwelling district 1 MF-1
Multiple-family dwelling district 2 MF-2
Multiple-family dwelling district 3 MF-3
Sec. 2.2. Sec. 2.2 Purpose
The residential districts are intended to accommodate
single-family detached and attached houses, duplexes,
and multiple-family buildings. The regulations for these
districts are intended to maintain and promote the
desired physical character of existing neighborhoods.
Sec. 2.3. Additional Regulations
2.3.1. Uses
Uses are allowed in single-family districts in accordance
with Article 5.
2.3.2. Tree Preservation
See Article 3.08 of the Code of Ordinances for tree
preservation regulations.
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Article 2 Residential Districts
Sec. 2.4 SF District Regulations
2-3 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
Sec. 2.4. Sec. 2.4 SF District Regulations
2.4.1. References
When the provisions of this zoning ordinance refer to
“single-family” or “SF” districts, they are referring to SF-1,
SF-2, SF-3, and SF-4 districts.
2.4.2. Lot of Record Prior to Adoption
The minimum dimensional and intensity standards
for the SF districts shall be in accordance with Sec.
2.4, except for any lot that was an official lot of record
before the effective date specified in Sec. 1.3. See also
the nonconforming lot provisions of 10.3.2.
2.4.3. Lot and Building Zones
For the purpose of presenting SF lot and building
regulations, lots are divided into a series of smaller
segments or “zones,” as described in this subsection
and illustrated in Figure 2-1.
A. Overall Lot
Some regulations apply to the entire lot. These
regulations are referred to as “overall lot”
regulations and are presented in 2.4.4.
B. Street-Yard Zone
Street-yard zone regulations govern the area
between any lot line abutting a street right-of-way
Figure 2-1: SF District Lot Zones
and the minimum front or street-side setback line
(see 2.4.5).
C. Main-House Zone
The main-house zone accommodates the greatest
building mass. The zone extends from the back of
the street-yard zone rearward to the mid-lot zone
(see 2.4.6).
D. Mid-Lot Zone
The mid-lot zone lies immediately at the back of the
main-house zone and extends rearward to the rear-
lot zone. Portions of the principal building may be
located in this zone, but the regulations are more
stringent than in the main-house zone (see 2.4.7).
E. Rear-Lot Zone
The rear-lot zone covers the rearmost portion of
the lot, typically abutting an alley. The rear-lot zone
extends from the rear lot line forward for a distance
of 40 feet (see 2.4.8).
Article 2 Residential Districts
Sec. 2.4 SF District Regulations
2-4 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
2.4.4. Overall Lot
The overall lot regulations of Table 2-2 apply in SF districts.
Table 2-2: Overall Lot Regulations
Regulation SF-1 SF-2 SF-3 SF-4
Lot Size
A Minimum Lot Area (sq. ft.)35,000 10,000 8,400 7,000
B Minimum Lot Width (ft.)150 70 60 50
C Minimum Lot Depth (ft.)150 120 120 120
Buildings
D Maximum Number of Principal Buildings 1 1 1 1
E Principal Building Orientation Principal building must face a street other than alley
F Permitted Accessory Structures See 5.3.2
G Garage, Carport Location, Orientation See Article 7
H Maximum Building Coverage from Midpoint of the Lot to
the Rear Lot Line (%) [1]50
I Maximum Impermeable Lot Coverage See Sec. 2.9
Building Height [2]
J Maximum Principal Building Height (ft.)35 35 35 35
K Maximum Accessory Building Height (ft.)25 25 25 25
Minimum Interior Side Setback (ft.)
L One side (% of lot width) [3]10 10 10 10
Both sides combined (% of lot width) [3] [4] 24 24 24 24
M Permitted Encroachments See Sec. 2.10
TABLE NOTES:
1. Building coverage includes all principal and accessory buildings, and all structures 30 inches or more above grade.
2. See Sec. 11.3.12 for building height measurement rules.
3. If the entire structure is 1 story, the minimum side yard may be 10% of the total lot width on each side yard.
4. Minimum combined setback of 22% applies to lot less than 60 feet in width.
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Article 2 Residential Districts
Sec. 2.4 SF District Regulations
2-5 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
2.4.5. Street-Yard Zone
The street-yard zone regulations of Table 2-3 apply in SF districts.
Table 2-3: Street-Yard Zone Regulations
Regulation SF-1 SF-2 SF-3 SF-4
Location
A Street-Yard Zone Location Between any lot line abutting a street and the minimum front or street-side setback line
Street Setbacks
B Minimum Front Setback (ft.) [1]50 30 30 25Average front setback distance applies per [1]
C Minimum Street-Side Setback (ft.) [2]10 10 10 10
D Permitted Encroachments See Sec. 2.10
E Maximum Impermeable Coverage (%) 50
Building Locations
F Front Facade Articulation See 2.4.9
G Building Coverage No building is allowed in the street-yard zone except as permitted by encroachments and front facade articulations
TABLE NOTES:
1. Refer to the city’s list of average front setbacks, available online. See average front setback regulations of 11.3.8 when the average existing building setback on a block face is greater or less than the minimums of this table.
2. Corner lots with a width of 60 feet or less may have a minimum street-side setback of 10% of lot width if the distance between the curb and sidewalk is 5 feet or more, the sidewalk width is 4 feet or more, and the front setback complies with minimum
front setback regulations.
3. Garages, carports, or similar vehicle storage areas facing a side street shall be set back a minimum of 20 feet from the street right-of-way. See Article 7.
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Article 2 Residential Districts
Sec. 2.4 SF District Regulations
2-6 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
2.4.6. Main-House Zone
The main-house zone regulations of Table 2-4 apply in SF districts.
Table 2-4: Main-House Zone Regulations
Regulation SF-1 SF-2 SF-3 SF-4
Location
A Main-House Zone Location From back of street-yard zone rearward for a distance equal to
42% of the overall lot depth [1]
Wall Height
B Maximum Top Plate Height (ft.) [2]Lots 70 ft. to less than 80 ft. in width: 25 Lots 60 ft. to less than 70 ft. in width: 24 Lots less than 60 ft. in width: 23
Building Coverage
C Building Coverage Building may fully occupy the main-house zone with the exception
of any setbacks
Third Story
D Maximum 3rd Story Area 50% of total 2nd floor area
E Minimum Habitable Area Requiring at least 2 Exit Stairs (sq. ft.) [3]501 501 501 501
F Maximum 3rd Story Wall Area facing Interior Side Lot Line (sq. ft.) [3]200 180 165 135
G Third Story Windows and Dormers Facing Interior Side
Lot Line See section 2.8.2
TABLE NOTES:
1. The beginning point of measurement of the 42% maximum side wall length may be set back from the street-yard zone if there is an offset in the wall a minimum of 8 feet from the minimum side yard setback.
2. No maximum top plate height applies to lots 80 feet or greater in width.
3. Third story wall area includes vertical walls, gable walls, and all sides of dormers.
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Article 2 Residential Districts
Sec. 2.4 SF District Regulations
2-7 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
2.4.7. Mid-Lot Zone
The mid-lot zone regulations of Table 2-5 apply in SF districts.
Table 2-5: Mid-Lot Zone Regulations
Regulation SF-1 SF-2 SF-3 SF-4
Location
A Mid-Lot Zone Location From the rear of main-house zone per Sec. 2.4.6 to front of rear-lot zone
Walls Facing Interior Side Lot Lines [1] [2]
B Maximum Wall Height at Min. Interior Side Setback (ft.) 12.5 12.5 12.5 12.5
C Additional Wall Height above 12.5 ft.2 ft. additional height per 1 ft. of additional side setback
Building Coverage
D Building Coverage See 2.4.4 for maximum coverage limits from midpoint
of lot to rear lot line
Third Story
E Maximum 3rd Story Floor Area 50% of total 2nd floor area
F Minimum Habitable Area Requiring at least 2 Exit Stairs 501 501 501 501
G Maximum 3rd Story Wall Area facing Interior Side Lot Line (sq. ft.) [3]200 180 165 135
H Third Story Windows and Dormers Facing Interior Side Lot Line See Sec. 2.8.2
TABLE NOTES:
1. Wall height is measured from the finished first floor elevation to the top plate per 11.3.13.
2. See Sec. 2.8.1 for roof pitches that are considered walls.
3. Third story wall area includes vertical walls, gable walls, and all sides of dormers.
B
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Article 2 Residential Districts
Sec. 2.4 SF District Regulations
2-8 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
2.4.8. Rear-Lot Zone
The rear-lot zone regulations of Table 2-6 apply in SF districts.
Table 2-6: Rear-Lot Zone Regulations
Regulation SF-1 SF-2 SF-3 SF-4
Location
A Rear-Lot Zone Location From rear lot line forward for distance of 40 ft.
B Minimum Rear Setback (ft.) except Garage Door (see C below)12.5 12.5 12.5 12.5
C Minimum Rear Garage Door Setback (ft.)[1]20 20 20 20
Walls Heights [2] [3]
D Maximum Wall Height (ft.)12.5 12.5 12.5 12.5
E Additional Wall Height above 12.5 ft. Allowed when part of gable or dormer and set back minimum 20 ft. from interior side lot line
F Windows, Dormers, Openings Above 12.5 ft. Wall Height Allowed when set back minimum 20 feet from the interior side lot line
Building Coverage
G Building Coverage See 2.4.4 for maximum coverage limits from midpoint of lot to rear lot line
TABLE NOTES:
1. See Article 7. for garage and carport regulations.
2. Wall height is measured from finished first floor elevation to the top plate per 11.3.13.
3. See Sec. 2.8.1 for roof pitches that are considered walls.
4. See Sec. 5.3.2 for regulations governing accessory structures allowed in the rear-lot zone, including pools.
rear lot li
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Article 2 Residential Districts
Sec. 2.4 SF District Regulations
2-9 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
2.4.9. Front Facade Articulation
A. Purpose and Applicability
The front facade articulation provisions of this
subsection are intended to encourage multiple
planes on the front street-facing facade of houses.
The provisions apply to houses in SF districts.
B. Permitted Facade Encroachments
1. Up to 60% of the width of a house’s front
facade may encroach into (forward of) the
required front setback by up to 2 feet if the
remaining portion of the house’s front facade
is set back at least one foot more than the
minimum front setback. One example of this
front setback encroachment allowance is
illustrated in Figure 2-2.
2. If a portion of a house’s front facade is set
back 3 feet or more beyond the minimum
front street setback, the main-house zone is
allowed to extend up to 3 feet into the mid-lot
zone or the rear-lot zone when no mid-lot zone
exists. The width of the house’s main-house
extension may not exceed the width of the
portion of the front facade that is set back 3
feet or more beyond the minimum front street
setback. Permitted rear yard encroachments
are illustrated in Figure 2-3.
street
front lot line
front setback line
max.
60%max. 2 ft.encroachmentmin. 1 ft.rear lot line
side lot lineside lot linestreet
front lot line
front setback line
max. 60%max. 2 ft.encroachmentencroachmentmin. 3 ft.BB A
A
rear lot line
side lot lineside lot lineFigure 2-2: Permitted Front Facade Articulation Encroachments
Figure 2-3: Permitted Front Facade Articulation Encroachments with Rear Yard Encroachment
Article 2 Residential Districts
Sec. 2.5 SF-A District Regulations
2-10 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
Sec. 2.5. Sec. 2.5 SF-A District Regulations
2.5.1. Lot Zones
For the purpose of presenting SF-A lot and building
regulations, lots are divided into a series of smaller
areas or “zones,” as described in this subsection and
illustrated in Figure 2-4.
A. Overall Lot
Some regulations apply to the entire lot. These
regulations are referred to as “overall lot”
regulations and are presented in 2.5.2.
Figure 2-4: SF District Lot Zones
B. Street-Yard Zone
Street-yard zone regulations govern the area
between any lot line abutting a street and the
minimum front or street-side setback line (see
2.5.3).
C. Main-House Zone
The main-house zone accommodates the greatest
building mass. The zone extends from the back of
the street-yard zone to the rear-lot zone (see 2.5.4).
D. Rear-Lot Zone
The rear-lot zone covers the rearmost portion of
the lot, typically abutting an alley. The rear-lot zone
extends from the main-house zone to the rear lot
line (see 2.5.5).
front lo
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Article 2 Residential Districts
Sec. 2.5 SF-A District Regulations
2-11 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
2.5.2. Overall Lot
The overall lot regulations of Table 2-7 apply in SF-A districts.
Table 2-7: Overall Lot Regulations
Regulation SF-A
Lot Size
A Minimum Lot Area (sq. ft.)3,000 per dwelling unit
B Minimum Lot Width (ft.)25 per dwelling unit
C Minimum Lot Depth (ft.)120
Buildings
D Maximum Number of Units per Lot [1]1
E Maximum Number of Dwelling Units Combined [1]4
F Maximum Width of Combined Units (ft.) [1]130
G Principal Building Orientation Principal building’s front facade must face a street
H Permitted Accessory Structures See 5.3.2
I Garage, Carport Location, Orientation See Article 7.
J Maximum Building Coverage from Midpoint of the Lot to the Rear Lot Line (%) [2]50
K Maximum Impermeable Lot Coverage See Sec. 2.9
Building Height [3]
L Maximum Principal Building Height (ft.)35
M Maximum Accessory Building Height (ft.)25
Minimum Interior Side Setback (ft.)
N Minimum Required Interior Side Yard at the End of each Continuous Row of Attached Dwellings (ft.) [4]5
O Permitted Encroachments See Sec. 2.10
TABLE NOTES:
1. Each dwelling unit is required to be on its own lot and each attached unit must be separated by a firewall per the building code.
2. Building coverage includes all principal and accessory buildings, and all structures 30 inches or more above grade.
3. See 11.3.12 for building height measurement rules.
4. Allowed public and civic uses must provide minimum side setbacks of 50 feet.
B F
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Article 2 Residential Districts
Sec. 2.5 SF-A District Regulations
2-12 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
2.5.3. Street-Yard Zone
The street-yard zone regulations of Table 2-8 apply in SF-A districts.
Table 2-8: Street-Yard Zone Regulations
Regulation SF-A
Location
A Street-Yard Zone Location Between any lot line abutting a street and the minimum front or street-side setback line
Street Setbacks
B Minimum Front Setback (ft.) 25
C Minimum Street-Side Setback (ft.) [1] [2]10
D Permitted Encroachments See Sec. 2.10
E Maximum Impermeable Coverage (%) 50
Building Locations
F Building Coverage No building is allowed in the street-yard zone except as permitted by
encroachments and front facade articulations
TABLE NOTES:
1. Corner lots with a width of 60 feet or less may have a minimum street-side setback of 10% of lot width if the distance between the curb and sidewalk is 5 feet or more, the sidewalk width is 4 feet or more, and the front setback complies with minimum front setback regulations.
2. Street-facing garages and carports must be set back a minimum of 20 feet from the street right-of-way. See Article 7.
B
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Article 2 Residential Districts
Sec. 2.5 SF-A District Regulations
2-13 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
2.5.4. Main-House Zone
The main-house zone regulations of Table 2-9 apply in SF-A districts.
Table 2-9: Main-House Zone Regulations
Regulation SF-A
Location
A Main-House Zone Location From back edge of the street-yard zone to the rear yard
setback defining the rear-lot zone
Wall Height
B Maximum Top Plate Height (ft.)23
Building Coverage
C Building Coverage See Sec. 2.5.2 for maximum coverage limits from midpoint of lot to rear lot line
Third Story
D Maximum 3rd Story Area [1]50% of total 2nd floor area
E Maximum 3rd Story Wall Area facing Interior Side Lot Line
(sq. ft.) [2]200
F Third Story Windows and Dormers Facing Interior Side Lot Line See Sec. 2.8.2
TABLE NOTES:
1. At least 2 interior exit stairways must be provided when the habitable area of a 3rd floor exceeds 500 sq. ft..
2. Third story wall area includes vertical walls, gable walls, and all sides of dormers.
D
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Article 2 Residential Districts
Sec. 2.5 SF-A District Regulations
2-14 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
2.5.5. Rear-Lot Zone
The rear-lot zone regulations of Table 2-10 apply in SF districts.
Table 2-10: Rear-Lot Zone Regulations
Regulation SF-A
Location
A Rear-Lot Zone Location [1]From rear lot line to the rear setback line
Regulations
B Minimum Rear Setback (ft.) except Garage Door (see C below)12.5
C Minimum Rear Garage Door Setback (ft.) [2]20
Building Coverage
D Building Coverage No building is allowed in the rear yard zone except as permitted by encroachments
TABLE NOTES:
1. Dedication of required alley right-of-way may be a condition for platting and building permit.
2. See Article 7 for garage and carport regulations.
A
B C
D rear lot li
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Article 2 Residential Districts
Sec. 2.6 D District Regulations
2-15 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
Sec. 2.6. Sec. 2.6 D District Regulations
2.6.1. Lot and Building Zones
For the purposes of presenting D district lot and
building regulations, lots are divided into a series of
smaller areas or “zones,” as described in this subsection
and illustrated in Figure 2-5.
A. Overall Lot
Some regulations apply to the entire lot. These
regulations are referred to as “overall lot”
regulations and are presented in 2.6.2.
B. Street-Yard Zone
Street-yard zone regulations govern the area
between any lot line abutting a street and the
minimum front or street-side setback line (see
2.6.3).
C. Main-House Zone
The main-house zone accommodates the greatest
building mass. The zone extends from the back of
the street-yard zone to the rear-lot zone (see 2.6.4).
D. Rear-Lot Zone
The rear-lot zone covers the rearmost portion of
the lot, typically abutting an alley. The rear-lot zone
extends from the main-house zone to the rear lot
line (see 2.6.5).
Figure 2-5: D District Lot Zones
front lo
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STREET-YAR
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Article 2 Residential Districts
Sec. 2.6 D District Regulations
2-16 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
2.6.2. Overall Lot
The regulations in Table 2-11 apply to all zones of lots in the D districts.
Table 2-11: Overall Lot Regulations
Regulation D-1 D-2
Lot Size
A Minimum Lot Area (sq. ft.)10,000 7,000
B Minimum Lot Width (ft.)70 50
C Minimum Lot Depth (ft.)120 120
Buildings
D Maximum Number of Principal Buildings [1]1 1
E Principal Building Orientation Principal building must face a street other than alley
F Permitted Accessory Structures See 5.3.2
G Garage, Carport Location, Orientation See Article 7
H Maximum Building Coverage from Midpoint of the Lot to the Rear Lot Line (%) [2]50
I Maximum Impermeable Lot Coverage See Sec. 2.9
Building Height [3]
J Maximum Principal Building Height (ft.)35 35
K Maximum Accessory Building Height (ft.)25 25
Minimum Interior Yard Setbacks
L Interior Side Setback (min. % of lot width) [4]10% or 6 ft., whichever is greater; but not to exceed 8 ft.
10% or 5 ft., whichever is greater; but not to exceed 7 ft.
M Permitted Encroachments See Sec. 2.10
TABLE NOTES:
1. No more than two units are permitted on one lot and must be located in one principal building with each unit separated by a firewall per the building code.
2. Building coverage includes all principal and accessory buildings, and all structures 30 inches or more above grade.
3. See Sec. 11.3.12 for building height measurement rules.
4. Allowed public and civic uses must provide minimum side setbacks of 50 feet.
B
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Article 2 Residential Districts
Sec. 2.6 D District Regulations
2-17 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
2.6.3. Street-Yard Zone
Table 2-12 establishes the regulations for the street-yard zone on D district lots.
Table 2-12: Street-Yard Zone Regulations
Regulation D-1 D-2
Location
A Street-Yard Zone Location Between any lot line abutting a street and the minimum front or street-side
setback line
Street Setbacks
B Minimum Front Setback (ft.) [1] 25 25
C Minimum Street-Side Setback (ft.) [2] [3]10 10
D Permitted Encroachments See Sec. 2.10
E Maximum Impermeable Coverage (%)50
Building Locations
E Building Coverage No building is allowed in the street-yard zone except as permitted by
encroachments
TABLE NOTES:
1. The average front setback regulations of 11.3.8 apply when the average existing building setback on a block face is greater or less than the minimums of this table.
2. Corner lots, 60 ft or less in width, may have a street-side setback of 10% of the lot width, if the distance between the curb and sidewalk is 5 feet or more, the sidewalk width is 4 feet or more, and the front setback is not less than the minimum front setback for the district.
3. Street-facing garages and carports must be set back a minimum of 20 feet from the street right-of-way. See Article 7.
AB
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Article 2 Residential Districts
Sec. 2.6 D District Regulations
2-18 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
2.6.4. Main-House Zone
Table 2-13 establishes the requirements for the main-house zone on D district lots.
Table 2-13: Main-House Zone Regulations
Regulation D-1 D-2
Location
A Main-House Zone Location From the back of the street-yard zone rearward to the rear-lot zone
Wall Height
B Maximum Top Plate Height (ft.) 23 23
C Maximum 3rd Story Wall Area facing Interior
Side Lot Line (sq. ft.) [1]200 200
D Third Story Windows and Dormers Facing Interior Side Lot Lines See Sec. 2.8.2
Building Coverage
E Building Coverage See 2.6.2 for maximum coverage limits from midpoint of lot to rear lot line
TABLE NOTES:
1. Third story wall area includes vertical walls, gable walls, and all sides of dormers.
CD
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Article 2 Residential Districts
Sec. 2.6 D District Regulations
2-19 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
2.6.5. Rear-Lot Zone
Table 2-14 establishes the regulations for the rear-lot zone on D district lots.
Table 2-14: Rear-Lot Zone Regulations
Regulation D-1 D-2
Location
A Rear-Lot Zone Location [1]From the rear lot line forward to the rear lot setback.
B Minimum Rear Lot Setback (ft.) except Garage Door (see C below)12.5 12.5
C Minimum Rear Garage Door Setback (ft.) 20
D Permitted Encroachments See Sec. 2.10
Building
F Building Coverage No building is allowed in the rear-lot zone except as
permitted by encroachment
TABLE NOTES:
1. Dedication of required alley right-of-way may be a condition for platting and building permit.
A
E
B
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Article 2 Residential Districts
Sec. 2.7 MF District Regulations
2-20 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
Sec. 2.7. Sec. 2.7 MF District Regulations
2.7.1. Lot and Building Zones
For the purposes of presenting MF district lot and
building regulations, lots are divided into a series of
smaller areas or “zones,” as described in this subsection
and illustrated in Figure 2-1.
A. Overall Lot
Some regulations apply to the entire lot. These
regulations are referred to as “overall lot”
regulations and are presented in 2.6.2.
B. Street-Yard Zone
Street-yard zone regulations govern the area
between any lot line abutting a street and the
minimum front or street-side setback line (see
2.6.3). On corner lots, the street-yard zone may
be L-shaped. On lots fronting 3 streets, the
street-yard zone may be C-shaped. On full block
developments, the street-yard zone will surround
the development.
C. Main-Building Zone
The main-building zone accommodates the greatest
building mass. The zone extends from the back of
the street-yard zone to the rear-lot zone (see 2.6.4).
D. Rear-Lot Zone
The rear-lot zone covers the rearmost portion of
the lot, typically abutting an alley. The rear-lot zone
extends from the main-house zone to the rear lot
line (see 2.6.5).
Figure 2-1: MF District Lot Zones
front l
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side lot line
side lot line
STREET-YAR
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Article 2 Residential Districts
Sec. 2.7 MF District Regulations
2-21 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
2.7.2. Overall Lot
The regulations in Table 2-15 apply to all zones of lots in the MF districts.
Table 2-15: Overall Lot Regulations
Regulation MF-1 MF-2 MF-3
Lot Size
A Minimum Lot Area per Unit (sq. ft.) [1] 2,400 1,800 1,200
B Minimum Lot Width (ft.)60 50 50
C Minimum Lot Depth (ft.)120 120 120
Buildings
D Maximum Number of Principal Buildings [2]Maximum number of dwelling units is determined by dividing the total number of square feet of lot by the minimum lot area per unit.
E Permitted Accessory Structures See 5.3.2
F Maximum Building Coverage from Midpoint of the Lot to the Rear Lot Line (%) [3]50
G Maximum Impermeable Lot Coverage See Sec. 2.9
Building Height [4]
H Maximum Principal Building Height (ft.)35 35 35
I Maximum Principal Building Height (ft.) with underground parking 37 37 37
J Basement Height Basements are limited to one level only.
K Maximum Accessory Building Height (ft.)20 20 20
TABLE NOTES:
1. Any detached single-family or duplex dwelling to be constructed within the MF districts must meet the minimum lot area requirements for the SF-4 and D-2 districts respectively.
2. After calculating the number of units allowed, a fractional remainder does not authorize an additional unit.
3. Building coverage includes all principal and accessory buildings, and all structures 30 inches or more above grade.
4. See 11.3.12 for building height measurement rules.
5. See Article 6 for parking regulations.
B C
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Article 2 Residential Districts
Sec. 2.7 MF District Regulations
2-22 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
2.7.3. Street-Yard Zone
Table 2-16 establishes the regulations for the street-yard zone on MF district lots.
Table 2-16: Street-Yard Zone Regulations
Regulation MF-1 MF-2 MF-3
Location
A Street-Yard Zone Location Between any lot line abutting a street and the minimum front building or street-
side setback line
Street Setbacks
B Minimum Front Building & Basement Setback (ft.) [1] 25 25 25
C Minimum Front Below-Grade Parking Garage Setback (ft.) [2] [3]15 15 15
D Minimum Street-Side Setback (ft.) [1]10 10 10
E Minimum Street-Side Below-Grade Parking Garage Setback (ft.) [2] [3]3 3 3
F Permitted Encroachments See Sec. 2.10
G Maximum Impermeable Coverage (%)50
Building Locations
H Building Coverage No building is allowed in the street-yard zone except as permitted by encroachments and below-grade parking structures as defined in C.
I Garage Location Garages, carports, and similar vehicle storage areas may not open on to or face
the front or side streets.
TABLE NOTES:
1. Minimum front and street-side building and basement setback applies to all below-grade construction except parking garages..
2. A 24” deep permeable landscape fill, designed to accommodate shrubs and other landscaping, is required above any parking garage extended beyond the building. In order to encourage parking garages below-grade, this area does not count as building coverage.
3. No building projections or other encroachments are permitted in the required setbacks for parking garages.
C AB
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Article 2 Residential Districts
Sec. 2.7 MF District Regulations
2-23 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
2.7.4. Main Building Zone
Table 2-17 establishes the requirements for the main building zone on MF district lots.
Table 2-17: Main-House Zone Regulations
Regulation MF-1 MF-2 MF-3
Location
A Main Building Zone Location From the back of the street-yard zone rearward to the rear-lot zone
Minimum Interior Side Setbacks
B Minimum Interior-Side Setback: Building & Base-ment (ft.) [1] 10; except up to 2 side wall segments without doors, each no longer than 35 feet continuous, may have a 6 ft. minimum setback
C Minimum Interior-Side Setback: Below-Grade Parking Garage (ft.) [2] [3]3
D Permitted Encroachments See Sec. 2.10
E Minimum Interior-Side Setback: Garage, Carport, or Similar Vehicle Storage Opening (ft.)24; with a minimum turning radius of 15 ft. from the driveway to the opening and at the driveway approach
Wall Height & Dormers
F Maximum Top Plate Height (ft.) less than 70-ft lot width: 28
70-ft or greater lot width: 30
G Maximum Top Plate Height (ft.) within 100 ft. of SF district lot less than 70-ft lot width: 23 70-ft or greater lot width: 25
H Maximum Top Plate Height (ft.) for elevator tower less than 70-ft lot width: 2670-ft or greater lot width: 28
I Third Story Dormers Facing Interior Side Lot Lines See Sec. 2.8.2
TABLE NOTES:
1. Minimum interior side building and basement setback applies to all below-grade construction except parking garages
2. A 24” deep permeable landscape fill, designed to accommodate shrubs and other landscaping, is required above any parking garage extended beyond the building. In order to encourage parking garages below-grade, this area does not count as building coverage.
3. No building projections or other encroachments are permitted in the required setbacks for parking garages..
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Article 2 Residential Districts
Sec. 2.7 MF District Regulations
2-24 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
2.7.5. Rear-Lot Zone
Table 2-18 establishes the regulations for the rear-lot zone on MF district lots.
Table 2-18: Rear-Lot Zone Regulations
Regulation MF-1 MF-2 MF-3
Location
A Rear-Lot Zone Location From the rear lot line forward to the minimum rear
lot setback.
B Minimum Rear Setback: Building & Base-ment (ft.) [1]12.5 12.5 12.5
C Minimum Rear Setback: Below-Grade Parking Garage (ft.) [2] []7.5 7.5 7.5
D Permitted Encroachments See Sec. 2.10
Building
E Building Coverage No building is allowed in the rear-lot zone except as permitted by encroachments and below-grade parking structures as defined in C.
TABLE NOTES:
1. Minimum interior side building and basement setback applies to all below-grade construction except parking garages
2. A 24” deep permeable landscape fill, designed to accommodate shrubs and other landscaping, is required above any parking garage extended beyond the building. In order to encourage parking garages below-grade, this area does not count as building coverage.
3. No building projections or other encroachments are permitted in the required setbacks for parking garages..
AB
E
C
rear lot li
n
e
interior si
d
e
l
o
t
l
i
n
e
street-sid
e
l
o
t
l
i
n
e
Article 2 Residential Districts
Sec. 2.7 MF District Regulations
2-25 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
2.7.6. Building Design Features
A. Applicability
The building design feature regulations of this
section apply to buildings in MF zoning districts.
B. Number of Required Features
1. A building facade that is 50 feet or greater
in width and that faces or generally faces a
public street must incorporate at least 3 of the
following building design features:
a. Building structural elements in accordance
with 2.4.9.C.
b. Facade variations in accordance with 2.4.9.D.
c. Changes in materials or material patterns in
accordance with 2.4.9.E.
d. Building entries in accordance with 2.4.9.F.
e. Architectural features in accordance with
2.4.9.G.
2. A building facade that is less than 50 feet
in width and that faces or generally faces a
public street must incorporate at least 2 of the
following building design features:
a. Building structural elements in accordance
with 2.4.9.C.
b. Facade variations in accordance with 2.4.9.D.
c. Changes in materials or material patterns in
accordance with 2.4.9.E.
d. Building entries in accordance with 2.4.9.F.
e. Architectural features in accordance with
2.4.9.G.
C. Building Structural Elements
1. Expression of the floor structures on the
building facade with design elements not less
than 1 inch deep and 4 inches, such as banding,
belt courses, and other similar features.
2. Expression of the vertical support structures
on the building facade with design elements
not less than 1 inch deep and 6 inches, such
as columns, pilasters, piers, quoins, and other
similar features.
D. Facade Variation
1. Variations must be at least 3 feet in depth for
projections and recesses and at least than 2
stories in height for an area no more than 10%
of and no less than 20% of the facade width.
2. When more than 2 facade variations are
provided, they must be separated by a distance
of at least 20 feet.
3. Variations on the front facade may not
encroach more than 24 inches into the required
front street setback.
E. Changes in Materials
A change in material or material pattern with a
minimum of 1 inch variation in wall plane depth.
F. Building Entries
1. Building entrances must incorporate arcades,
roofs, porches, alcoves, or awnings that protect
pedestrians from the weather.
2. The covered entrance area must be at least 2
feet in depth and 8 feet in width.
G. Architectural Features
A minimum of one of the following per every 60
feet of street facade is required: balcony, fireplace,
bay window, patterns of door and window
openings (and the use of sills, mullions, and other
scale-providing window elements), and/or more
pronounced architectural features, such as porches,
alcoves, and roof dormers. Refer to Sec. 2.10.2 for
allowed encroachments.
Article 2 Residential Districts
Sec. 2.8 Roofs and Dormers
2-26 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
Sec. 2.8. Sec. 2.8 Roofs and Dormers
2.8.1. Roofs
The roof regulations of Table 2-19 apply to all principal and accessory buildings in SF and D districts and are
illustrated in Figure 2-6.
Table 2-19: Roof Regulations
LOT WIDTH
Regulation 80 ft. or
greater
70 ft. to
79 ft.
60 ft. to
69 ft.
less than
60 ft.
Roof Pitch (rise/run)
A
In mid-lot and rear-lot zones, roofs with pitches greater than the slopes shown are considered a vertical wall. 16/12 16/12 15/12 14/12
2.8.2. Third-Story Dormers
The third-story dormer regulations of Table 2-20 apply in all residential districts and are illustrated in Figure 2-6. All
other dormers facing interior side lot lines are subject to any window setback, size, and location requirements for
the district.
Table 2-20: Dormer Regulations
Regulation ALL SF & D DISTRICTS MF DISTRICTS
Third-Story Dormers Facing Interior Side Lot Lines
B Maximum Dormer Width (ft.)6 6
C Minimum Separation Between Dormers, or Between Dormers and Vertical Walls (ft.)6 6
D Minimum Additional Interior Side Setback for Third
Story Dormers (ft.)2.5 not applicable
D
A
interior side f
a
c
a
d
e
front f
a
c
a
d
e
CB
Figure 2-6: Roofs and Dormers
Article 2 Residential Districts
Sec. 2.9 Impermeable Lot Coverage
2-27 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
Sec. 2.9. Sec. 2.9 Impermeable Lot Coverage
2.9.1. Allowable Impermeable Lot Coverage
The regulations of Table 2-21 apply to all residential
districts. Allowable impermeable lot coverage refers
to the total maximum amount of impermeable
surfaces permitted on the subject lot. See 11.3.11 for
impermeable lot coverage measurement rules.
2.9.2. Street Yard Zone Exemption
Driveways located within the required street-yard zone
are not counted in calculating the total impermeable
coverage on a lot.
2.9.3. Maximum Impermeable Coverage in
Street Yards
Refer to the street-yard zone for each residential district
for maximum impermeable surface limits in the street-
yard zone.
Table 2-21: Impermeable Lot Coverage
Lot Size (square feet)Maximum Impermeable Lot Coverage
SF-1, SF-2, SF-3, SF-4 Districts
0 to 6,000 3,600 sq. ft.
6,001 to 7,500 60%
7,501 to 10,000 52% or 4,500 sq. ft., whichever is greater
10,001 to 12,000 48% or 5,200 sq. ft., whichever is greater
12,001 to 35,000 40% or 5,760 sq. ft., whichever is greater
35,001 or more 35% or 4,500 sq. ft., whichever is greater
SF-A, D-1, D-2, MF-1, MF-2, MF-3 Districts
All lot sizes 63%
Sec. 2.10. Sec. 2.10 Setbacks and Encroachments
2.10.1. General
A. Required setbacks must be open and unobstructed
from the ground to the sky except as otherwise
expressly stated in this ordinance.
B. Finished grade of setbacks and yards must be with-
in 30 inches of the average natural grade of the lot
unless otherwise expressly stated.
C. All basements and below-grade building elements
are subject to compliance with all required set-
backs unless otherwise expressly stated.
2.10.2. Allowed Building Encroachments
A. Front Setbacks
Except as otherwise expressly stated, the following
parts of a principal building may encroach into front
setbacks in SF, SF-A, D, and MF districts:
1. Eaves and roof extensions projecting a
maximum of 3 feet;
2. Bay windows, maximum 8 feet in width,
projecting a maximum of 2 feet;
3. Chimneys, maximum 8 feet in width, projecting
a maximum of 1.5 feet;
4. Unenclosed, covered porches a maximum of 30
inches above average natural grade to finished
floor, extending a maximum of 6 feet and with
an aggregate width no more than 20% of the lot
width;
5. Unenclosed and uncovered terraces, a
maximum of 30 inches above average natural
grade to finished floor, extending a maximum
of 10 feet into the yard and no wider than the
front facade of the principal building (see Figure
2-7);
6. Balconies extending a maximum of 6 feet and
with a width no more than 20% of the lot width;
7. Decorative, non-wood, non-solid banisters and
handrails with at least 3 inches clear vision
between vertical posts, maximum one-inch
wide vertical posts and maximum 48 inches in
overall height (measured from grade) may be
placed along the perimeter of an encroaching
terrace or porch;
Article 2 Residential Districts
Sec. 2.10 Setbacks and Encroachments
2-28 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
8. Seat walls up to 2 feet in height are permitted
on porches and terraces;
9. Light wells projecting a maximum of 2 feet; and
10. Building elements allowed pursuant to the front
façade articulation provisions of Sec. 2.4.9.
B. Street-Side Setbacks
Except as otherwise expressly stated, the following
parts of a principal building may encroach into
street-side setbacks in SF, SF-A, and D districts:
1. Eaves and roof extensions projecting a
maximum of 3 feet;
2. Bay windows, maximum 8 feet in width,
projecting a maximum of 2 feet;
3. Chimneys, maximum 8 feet in width, projecting
a maximum of 1.5 feet;
4. Decorative banisters and handrails no more
than 4 feet in height may be placed along the
perimeter of an encroaching terrace or porch;
5. Seat walls are permitted on porches up to 2 feet
in height; and
6. Light wells projecting a maximum of 2 feet.
C. Interior Side Setbacks
Except as otherwise expressly stated, the following
parts of a principal building may encroach into
interior side setbacks in SF, SF-A, D, and MF
districts:
1. Window sills, belt courses, cornices, and other
architectural features projecting a maximum of
one foot;
2. Eaves and roof extensions projecting a
maximum of 1.5 feet;
3. Chimneys projecting a maximum of 2 feet;
4. Box or bay windows located a minimum
of 2 feet above floor elevation projecting a
maximum of one foot with no increase in floor
space allowed; and
5. Light wells projecting a maximum of 2 feet,
except when the side setback is greater than
10 feet, in which case light wells may project
a maximum of 3 feet. Light wells may include
steps and doors.
D. Rear Setbacks
Except as otherwise expressly stated, the following
parts of a principal building may encroach into rear
setbacks in SF and SF-A districts:
1. Window sills, belt courses, cornices, roof
overhangs and other architectural features
projecting a maximum of 3 feet;
2. Light wells projecting a maximum of 2 feet; and
3. Secondary means of ingress and egress from
basements at or below grade.
Figure 2-7: Terraces and Balconies Diagrams
PLAN
SECTIONmax. 2’-6”minimum front yard setback Terrace Floor
Balcony Floor
railingaverage natural grade
Terrace: maximum 10-foot encroachment into front yard
See Sec. 2.10.2 for allowable balustrade and seat wall
Balconies: maximum 6-foot en-croachment into front yard
Terraces no wider than the front building facade
side property lineside property linefront property line
3-1 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
Article 3. Commercial Districts
Sec. 3.1. Sec. 3.1. The Districts
The commercial zoning districts are listed in Table 3-1.
When the provisions of this zoning ordinance refer
to “commercial” districts they are referring to these
districts as well as the RC and SC districts, which are
included in Sec. 4.1 and .
Table 3-1: Commercial Districts
District Name Map Symbol
Office - 1 O-1
Office - 2 O-2
General Retail GR
Commercial C
Note: See Sec. 4.1 and Sec. 4.2 for regulations governing “Park Cities Plaza” and “Preston Center East.”
Sec. 3.2. Sec. 3.2 Uses
Uses are allowed in commercial districts in accordance
with Table 5-1.
Sec. 3.3. Sec. 3.2 Lot and Building Regulations
The lot and building regulations of Table 3-2 apply to all
lots and buildings in commercial districts.
Sec. 3.4. Sec. 3.4 Additional Regulations
3.4.1. Fences
Fences are prohibited in rear yards of O-1 and O-2
districts abutting alleys. See also Article 8 for additional
regulations governing fences.
Sec. 3.1. The Districts .............................................................................................3-1
Sec. 3.2. Uses ..........................................................................................................3-1
Sec. 3.3. Lot and Building Regulations ................................................................3-1
Sec. 3.4. Additional Regulations ...........................................................................3-1
Table 3-2: Commercial District Lot and Building Regulations
Regulation O-1 O-2 GR C
Minimum Lot Area (sq. ft.)5,000 5,000 5,000 5,000
Minimum Lot Width (ft.)50 50 50 50
Minimum Lot Depth (ft.)100 100 100 100
Maximum Floor Area Ratio (FAR)4.0 4.0 1.5[1]N/A
Max. Impermeable Cover. (% of lot area)90 90 90 90
Minimum Setbacks (ft)
Front 50% of the height of the building from the centerline of the street or 25 ft.
from the front lot line, whichever is less
None [2]Same as required
in O-1 and O-2 [2]
Street Side 10 ft. plus 1 ft. of additional setback for each 2 ft. of building height above 40 ft 0/10 ft when rear lot line abuts SF [2][2]
Interior Side 0[3]0[3]0[3]0
Rear
Buildings up to 40 feet in height 10 ft. or 20 ft. from centerline of alley, whichever is greater 12.5 12.5
Buildings more than 40 feet in height 1 ft. per 2 ft. of building height or 50 ft.
whichever is less NA 12.5
Maximum Height (ft.) 200 60 40[4]55
[1] Applies to portions of building above grade. Maximum FAR of 1.83 applies to buildings with basement occupied by retail use.
[2] Gasoline pump islands must be set back at least 18 feet from front and street side lot lines.
[3] Lots abutting an SF district must provide an interior side setback equal to that required in the abutting SF district or 10 feet,
whichever is less, provided that lots less than 50 feet in width are exempt from this requirement.
[4] Air-conditioning equipment, cooling towers, chimneys, radio and television antennae and vent stacks may be extended up to 10 feet above maximum district height limit.
Article 3 Commercial Districts
Sec. 3.4 Additional Regulations
3-2 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
3.4.2. Mechanical Equipment
A. Air-conditioning compressors, cooling towers,
swimming pool equipment and similar accessory
mechanical equipment must be installed at grade.
Such equipment may not be located within the
front yard and must be set back at least 5 feet from
side lot lines and at least 3 feet from the rear lot
line.
B. When such equipment is located in the street side
yard of a corner lot, or in the front half of any lot,
it must be completely screened from view of the
street by fence, wall, or dense vegetative screening.
C. In the C district, parapet walls no more than 10 feet
in height must shield any roof-mounted mechani-
cal equipment from view at ground level.
3.4.3. Outdoor Storage and Display
Goods, wares and merchandise offered for sale in GR
and C districts may not be displayed or stored outside
of a building. See Chapter 4, Section 4.01.001 of the
Code of Ordinances for Special Event Permit and
License Regulations and Chapter 4, Section 4.01.002 for
regulations regarding Christmas tree lots.
4-1 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
Article 4. Special Districts
Sec. 4.1. Sec. 4.1 RC, Retail Center District (Park
Cities Plaza)
4.1.1. Uses
Uses are allowed in the RC district in accordance with
Table 5-1.
4.1.2. Lot and Building Regulations
The lot and building regulations of this subsection
(4.1.2) apply to all lots and buildings in the RC district.
A. Lot Area, Width and Depth
All lots in the RC district are subject to compliance
with all applicable lot area, lot width and lot depth
requirements established for Park Cities Plaza.
B. Building Lines, Setbacks and Easements
1. Buildings must comply with the building lines
established for Park Cities Plaza.
2. The alley at the rear of the existing buildings is
located on private property, but by prescriptive
rights must remain as a utility easement and
access way for delivery purposes.
C. Height
1. The maximum allowed height of buildings and
structures in the RC district is 25 feet, except as
follows:
a. One functional cooking chimney up to 35
feet in height is permitted.
b. Parapet walls up to 31. 5 feet in height are
permitted to screen mechanical equipment
or to support south-facing sign structures
approved as part of a special sign district.
c. One curved metal south-facing sign up to
35 feet in height is permitted if approved as
part of a special sign district and if the north-
facing side of the sign has a finished surface
identical to the south-facing side.
D. Fences
See Article 8.
E. Outdoor Display and Storage
Goods, wares and merchandise offered for sale
may not be displayed or stored outside of a
building in the RC district. See Chapter 4, Section
4.01.001 of the Code of Ordinances for Special
Event Permit and License Regulations and Chapter
4, Section 4.01.002 for regulations regarding
Christmas Tree Lots.
Sec. 4.2. Sec. 4.2 SC, Shopping Center District (Preston Center East)
4.2.1. Uses
Uses are allowed in the SC district in accordance with
Table 5-1.
4.2.2. Lot and Building Regulations
The lot and building regulations of this subsection
(4.2.2) apply to all lots and buildings in the SC district.
A. Lot Area, Width and Depth
All lots in the SC district are subject to compliance
with all applicable lot area, lot width and lot depth
requirements established for Park Cities Plaza.
B. Building Lines and Setbacks
1. Except as otherwise expressly stated in the
following paragraphs, building lines must
comply with the building lines established on
the following plat sheets of Dallas County Deed
Records, filed 6-10-47 in volume 11, page 217:
a. Blocks A & J, Varsity Village Addition;
b. Block E, Varsity Village Addition;
c. Blocks D & F, Varsity Village Addition;
d. Blocks B, C, K & G, Varsity Village Addition;
and
Sec. 4.1. RC, Retail Center District (Park Cities Plaza) ........................................4-1
Sec. 4.2. SC, Shopping Center District (Preston Center East) ............................4-1
Sec. 4.3. UC, University Campus Districts ...........................................................4-2
Sec. 4.4. P, Parking District ...................................................................................4-6
Sec. 4.5. PD, Planned Development District .......................................................4-7
Article 4 Special Districts
Sec. 4.3 UC, University Campus Districts
4-2 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
e. Block H, Varsity Village Addition, except
that a minimum 5-foot building setback
is required from the right-of-way line of
Wentwood Drive.
C. Height
1. Except as otherwise expressly stated in this
section, the maximum allowed building height
in the SC district is 75 feet.
2. Buildings on Block E abutting a residential
district may not exceed 25 feet in height.
3. All portions of a building above 40 feet in height
must be set back from lot lines abutting a street
by at least one foot for each 2 feet of building
height above 40 feet
4. When elevator equipment, cooling towers, or
other mechanical equipment is installed on the
roof of a building, such items must be screened
from ground-level view by one or both of the
following:
a. A parapet wall not exceeding 10 feet in
height; or
b. On buildings with a height of 60 feet or
more, a screening wall or enclosure, at
least equal in height to the top of the
equipment but not exceeding 20 feet in
height measured from the top of the roof
of the building, may be used to screen such
equipment from ground level view, provided
that the height of such wall or enclosure
follows a slope of 1 foot in vertical height
to 2 feet of horizontal setback starting at
a point at least 10 feet in height above the
exterior wall of the building. The screening
wall or enclosure must be constructed with
the same or similar materials as used on the
exterior facade of the principal building.
5. Buildings on Block H may not exceed 18 feet
in height when located within 23 feet of the
Wentwood Drive right-of-way.
D. Parking
1. At the time that streets were dedicated to the
city, parking on city right-of-way was allowed
to be included in calculating off-street parking
requirements.
2. The parking district on Wentwood Avenue
south of the SC district is included in the
calculation of off-street parking provided.
Parking in this district is limited to surface and/
or underground parking.
3. The following 3 parking areas with the SC
district may not be converted to any other use
unless equivalent off-street parking is otherwise
provided on an adjacent lot or building:
a. East portion of Block D;
b. North portion of Block E; and
c. South portion of Block J.
E. Fences
See Article 8
F. Outdoor Display and Storage
Goods, wares and merchandise offered for sale
may not be displayed or stored outside of a
building in the SC district. See Chapter 4, Section
4.01.001 of the Code of Ordinances for Special
Event Permit and License Regulations and Chapter
4, Section 4.01.002 for regulations regarding
Christmas Tree Lots.
Sec. 4.3. Sec. 4.3 UC, University Campus
Districts
4.3.1. Purpose
The UC (University Campus) districts are intended to
accommodate buildings and facilities associated with
Southern Methodist University (SMU).
4.3.2. Uses
Uses are allowed in UC districts in accordance with
Table 5-1.
4.3.3. Lot and Building Regulations
The lot and building regulations of Table 4-1 apply to all
lots and buildings in UC districts.
Table 4-1: UC District Lot and Building Regulations
Regulation UC-1 UC-2 UC-3 UC-4
Min. Lot Area (sq. ft.)N/A 5,000 5,000 7,000
Min Lot Width (ft.)N/A 50 50 50
Min. Lot Depth (ft.)N/A 100 100 180
Article 4 Special Districts
Sec. 4.3 UC, University Campus Districts
4-3 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
Regulation UC-1 UC-2 UC-3 UC-4
Max. Impermeable Coverage (% of lot)90 90 90 90
Minimum Setbacks (ft)
Front [see also 4.3.4]25 25 25 25
Side [see also 4.3.4]15 [1]10 10 10
Rear [see also 4.3.4] 5 [1]10 10 12.5
Maximum Height (ft.) [see also 4.3.4]
Residential 120 42 35 35
Nonresidential 120 55 35 35
[1] Applies only to sites abutting non-UC zoning districts. No
setback required for sites abutting other UC districts.
4.3.4. Supplemental Height and Setback Regulations
A. UC-1 District
Side and rear setback requirements for buildings
on lots abutting non-UC-1-zoned lots must be
increased by at least 2 additional feet for each foot
of building height above 40 feet.
B. UC-2 District
The following supplemental height and setback
requirements apply in the UC-2 district.
1. When the block face between 2 intersecting
streets is divided by 2 or more zoning districts,
the minimum front setback regulation of
the most restrictive district on the block face
applies to the entire block face.
2. Side and rear setback requirements for
buildings on lots abutting SF or D districts
must be increased by one foot for each 2
feet of building height above 35 feet. This
supplemental setback regulation does not
apply to UC-2 zoned lots separated from SF or
D-zoned lots by a public street.
C. UC-3 District
The following supplemental height and setback
requirements apply in the UC-3 district.
1. When the block face between 2 intersecting
streets is divided by 2 or more zoning districts,
the minimum front setback regulation of
the most restrictive district on the block face
applies to the entire block face.
2. Buildings on lots fronting on Dublin Street must
be constructed so that the front or side of the
building faces Dublin Street.
3. The minimum front and street side setback
requirement for lots abutting Dublin Street is
35 feet.
4. Buildings on lots with frontage on Dublin Street
may not exceed 35 feet in height, provided that
buildings up to a maximum of 42 feet in height
are allowed when an additional one foot of
building setback is provided for each one foot
of building height above 35 feet.
D. UC-4 District
The following supplemental height and setback
requirements apply in the UC-4 district.
1. When the block face between 2 intersecting
streets is divided by 2 or more zoning districts,
the minimum front setback regulation of
the most restrictive district on the block face
applies to the entire block face.
2. The minimum required interior side setback is
10 feet or 10% of lot width, whichever is less.
3. The minimum required street side setback is 10
feet or 10% of lot width, whichever is greater.
4.3.5. Off-Street Parking
A. General
1. The purpose of this section is to assure that
adequate parking spaces are maintained by
Southern Methodist University by setting a
minimum number of parking spaces required
for an established university population and
requiring additional parking spaces should the
university population increase.
2. The following population numbers are to be
full-time equivalents (FTE) as defined by the
university. The university must provide and
maintain at least 5,723 parking spaces.
3. If either the daytime or evening university
population exceeds 9,770, the university must
provide and maintain new parking spaces in
the proportion of 0.5 parking spaces for each
additional student and 0.8 parking spaces for
each additional faculty or staff member.
Article 4 Special Districts
Sec. 4.3 UC, University Campus Districts
4-4 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
4. To verify that the required number of parking
spaces exist on the campus, the university
must submit annually a map of the UC
zoning districts indicating the total number
of spaces in each district. A summary of
the spaces with locations specified and a
summary of the annual maximum evening and
daytime populations of the university for the
immediately preceding year must be submitted
with the required map.
5. The map and summaries must be filed with the
community development director, and once
verified, will become a part of the university’s
required annual parking report. Thereafter,
whenever for any reason a parking space is
eliminated anywhere in the University Campus
zoned districts, the university must concurrently
add a replacement space within a UC zoning
district.
6. On or before June 30, 2003, and annually
thereafter on or before the same date, the
university must submit to the community
development director an annual parking
report in accordance with the provisions of this
section.
7. If the annual parking report demonstrates
full compliance with the requirements of
this section, it must be received and filed by
the community development director and
acknowledgment given the university of such
compliance.
8. If violations of this section exist or are
demonstrated by the annual parking report,
the community development director must
immediately give notice in writing of such
violation to the university. Upon receipt of
such notice, the university must, within 30 days
either:
a. Demonstrate to the satisfaction of the
community development director that
the university is in compliance with the
requirements of this section; or
b. Submit a plan satisfactory to the community
development director for the correction
of violations within a reasonable period of
time, not to exceed 60 days, acceptable to
the community development director. Upon
acceptance of the plan, the university must
follow the plan to completion to correct such
violation within the time allowed.
9. If the university fails or refuses to comply
with the provisions of this section or the plan
submitted and approved by the community
development director, it will be subject to all the
remedies and penalties provided by this zoning
ordinance or otherwise authorized by law.
10. Concurrently with the submission of the annual
parking report, the university must also submit
the university’s operational plan for the shuttle
bus system to be implemented the following
academic year and a statement describing the
utilization of the shuttle bus system under the
current operational plans.
11. All parking spaces in UC districts are to comply
with the parking space dimensional standards
of this zoning ordinance. Up to 33% of the
parking spaces in each parking lot may be
smaller spaces designated for small size cars.
B. Parking Space Credit for Transit
In determining parking requirements under this
section, the university is entitled to credit for
parking spaces required beyond the minimum
for faculty, staff, and students who reside in a zip
code served by a DART rail park and ride station or
a zip code adjacent to such park and ride station,
excluding students who reside in zip codes 75225,
75275 and 75205, as follows:
Table 4-2: Parking Credit for Transit
Permitted Credit Reduction (%)
Students 15
Faculty 10
Staff 15
C. Parking For Ford Stadium
1. Provided SMU maintains an annual inventory
of parking spaces as required by this section,
Ford Stadium may host events (as hereinafter
described) so long as spectator admissions to
the events do not exceed 22,892. For events
that exceed 22,892 spectator admissions,
Article 4 Special Districts
Sec. 4.3 UC, University Campus Districts
4-5 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
the university must provide one additional
parking space for every 4 additional spectator
admissions that the university can reasonably
anticipate. In the event sufficient additional
spaces are not included in the annual report
to the city, the number of additional required
spaces may be provided at a remote location
so long as no fee is charged to the spectators
for such remote parking. The university may
include in its plan that 25% of the required
additional spectators anticipated will be served
by the DART Rail System and that no additional
parking spaces will be required for that number
of seats.
2. Before hosting any event at which more than
22,892 spectator admissions are expected,
a written plan for the use of remote parking
must be submitted to the city manager and
city attorney for review in accordance with the
requirements of this section. The plan will be
deemed approved only if notice of approval
is given in writing by the city manager. If the
city manager fails to approve the plan within
15 days of its submission, the university may
submit the plan to the planning and zoning
commission for review and then to the city
council for approval or denial. The plan must
provide the following:
a. Statement of the number of spectator
admissions that the university reasonably
anticipates being in attendance. [Note: 10
business days after the completion of each
event, the university must file with the city
manager for each such event the actual
number of spectators in attendance.
b. Binding contracts with the providers of the
remote parking spaces.
c. Free shuttle bus service to Ford Stadium
from remote parking and return, including
description of bus routes and schedule.
d. Description of how the university plans to
inform the public attending the events of the
remote parking,
e. Description of how the university plans to
locate appropriate signage directing the
attending public to the remote parking.
f. Description of how the university plans to
provide advance notice to visiting colleges
and universities.
g. Location and operation of a command post
which must make provision for assistance to
the attending public for emergency services
and recovery of towed vehicles.
h. Adequate security and traffic control
personnel.
D. Construction of Parking Spaces
Parking spaces or surfaced parking areas may not
be located or constructed to allow any portion of
a vehicle to touch or overhang the property line
of the lot on which the parking is located. Tandem
parking spaces or parking spaces or facilities
containing 2 or more spaces and that require the
moving of one parked vehicle in order to utilize
such spaces, will be counted as a single parking
space in computing off-street parking.
E. Site Plan Approval
In UC districts, removal or reduction of off-street
required parking spaces or area in excess of 30
parking spaces may not be undertaken until a
site plan delineating such proposed removal or
reduction and provisions for replacement of such
spaces or area is reviewed and approved by the
community development director.
F. District-Specific Parking Regulations
1. In the UC-3 District, surface parking is allowed
only as accessory to an adjacent use. Non-
accessory surface parking lots are prohibited in
the UC-3 district.
2. Only required off-street parking is permitted in
the UC-4 district.
4.3.6. Other Regulations
A. Control of Runoff
The regulations of Chapter 3, Art. 3.100 [Art. 3.02,
Divisions 2 and 3] of the Code of Ordinances apply
in UC districts when the runoff water does not enter
the storm sewer system maintained by SMU in the
original main campus.
Article 4 Special Districts
Sec. 4.4 P, Parking District
4-6 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
B. Residential Protection
When new development occurs in the UC-4 District,
a solid screening wall at least 8 feet in height must
be installed along any alley that is adjacent to
private residential uses. New single-family uses
are exempt from the requirement to install such
screening walls,
C. Fences and Walls
See Article 8.
D. Access
No rear-entry alley access is allowed for lots in the
UC-4 district, except for access to lots occupied by
single-family dwellings.
E. Screening
Dumpsters, mechanical equipment, loading areas
and similar service facilities In the UC-3 district must
be screened from view from any point on Dublin
Street by a solid wall.
F. Accessory Uses and Structures
See Sec. 5.3.
G. Ford Stadium
1. The following temporary uses and occasional
activities are permitted in Ford Stadium:
a. Collegiate activities sponsored and approved
by SMU;
b. High school football playoff games;
c. High school football games other than
playoff games provided that such games are
limited to 2 calendar days per academic year
with no more than 2 games played per day;
d. Football and soccer youth league events;
and
e. Any event for which no admission is charged
and for which fewer than 500 spectators will
be admitted.
2. Uses and events primarily providing musical
entertainment over an electronically amplified
speaker system are prohibited in Ford Stadium.
Sec. 4.4. Sec. 4.4 P, Parking District
4.4.1. Uses
Uses are allowed in P districts in accordance with Table
5-1.
4.4.2. Lot and Building Regulations
The lot and building regulations of Table 4-3 apply to all
lots and buildings in P districts.
Table 4-3: UC District Lot and Building Regulations
Regulation P District
Minimum Lot Width (ft.)50
Minimum Lot Depth (ft.)100
Max. Impermeable Coverage (% of lot)90
Minimum Lot Area (sq. ft.)5,000
Minimum Front Setback (ft.)See 4.4.4
Minimum Side Setback (ft.)See 4.4.5
Minimum Rear Setback (ft.)See 4.4.5
Maximum Height (ft.)35
4.4.3. General Regulations
A. Only surface parking lots are allowed on lots that
abut SF districts.
B. A 2.5-foot tall masonry wall is required in all areas
where parking spaces are adjacent to the property
line.
C. Parking lot paving must be set back at least 3 feet
from all lot lines.
4.4.4. Supplemental Setback Regulations
Buildings must provide a minimum front setback of 25
feet or the most restrictive front setback requirement
that applies to any zoning district on the same block
face, whichever is distance is greater.
4.4.5. Residential Protection
When a P zoning district abuts a residential zoning
district, a minimum setback of 10 feet must be provided
on the side (or rear) of the lot abutting the residential
district.
4.4.6. Fences and Walls
See Article 8.
4.4.7. Accessory Uses and Structures
See Sec. 5.3.
Article 4 Special Districts
Sec. 4.5 PD, Planned Development District
4-7 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
Sec. 4.5. Sec. 4.5 PD, Planned Development District
4.5.1. Purpose and Intent
A. The PD, Planned Development district is intended
to:
1. Ensure adequate public review of major
development proposals;
2. Encourage unified planning and development;
3. Promote economically beneficial development
patterns that are compatible with the character
of existing neighborhoods;
4. Ensure a level of amenities appropriate for the
nature and scale of the project; and
5. Allow flexibility in application of selected use,
lot, building and development regulations to
promote high-quality building and site design.
B. Different types of PDs will promote different plan-
ning goals. In general, however, PDs are intended
to promote one or more of the following objectives:
1. Flexibility and creativity in responding to
changing social, economic and market
conditions allowing greater public benefits than
could be achieved using conventional zoning
regulations;
2. Efficient and economical provision of public
facilities and services;
3. High-quality buildings and improvements that
are compatible with surrounding areas, as
determined by their arrangement, massing,
form, character and landscaping;
4. Protection and enhancement of open space
amenities and natural resource features;
5. Best management practices in stormwater
management, including low-impact
development (LID) approaches that provide
aesthetic, flood protection and water-quality
benefits;
6. Sustainable development practices focusing on
energy efficiency; and
7. Attractive, high-quality landscaping, lighting,
architecture and signage.
4.5.2. Mandatory PD Thresholds
All of the following require review and approval of PD
zoning in accordance with the procedures of Sec. 9.5:
A. New buildings with a gross floor area of more than
40,000 square feet;
B. Expansions of existing buildings by more than
40,000 square feet;
C. New uses or expansions of existing uses that are
required to provide more than 200 off-street park-
ing spaces under the minimum off-street parking
regulation of Article 6; and
D. Any other use or activity expressly identified as
requiring PD zoning under this zoning ordinance.
4.5.3. Elective PD Thresholds
Applicants for developments that do not meet the
criteria for a mandatory planned development may
nonetheless elect to request approval of PD zoning if
the proposed development is for a public or civic use or
is located on a development site that is at least 30,000
square feet in area.
4.5.4. Procedure
PD zoning map amendments must be approved in
accordance with the procedures of Sec. 9.5.
4.5.5. Zoning Map
Approved PDs must be identified on the zoning map.
4.5.6. Allowed Uses
The uses to be allowed in a PD must be identified
as part of the PD approval process, along with all
applicable conditions or supplemental use regulations
that apply to such uses.
4.5.7. Lot and Building Regulations
Lot and building regulations applicable to PD zoning
districts must be established as part of the PD zoning
approval process (see Sec. 9.5).
4.5.8. Other Regulations
Unless otherwise expressly approved by the city council
as part of the PD approval process, PDs are subject
to all applicable regulations of this zoning ordinance.
The planning and zoning commission is authorized
to recommend and the city council is authorized to
approve PDs that deviate from strict compliance with
the regulations of this zoning ordinance.
This Page Intentionally Blank
5-1 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
Article 5. Uses
Sec. 5.1. Principal Uses ..........................................................................................5-1
Sec. 5.2. Use Classifications ..................................................................................5-4
Sec. 5.3. Accessory Uses and Structures .............................................................5-8
Sec. 5.4. Temporary Uses and Structures .........................................................5-13
E. Supplemental Regulations
The “definitions/regulations” column of Table 5-1
includes a cross-reference to the use definition
and any applicable supplemental use regulations
that apply to the subject use. Unless otherwise
expressly stated, compliance with supplemental use
regulations is required regardless of whether the
use is permitted as-of-right or requires specific use
permit approval.
F. Accessory and Temporary Uses
Accessory and temporary uses are not regulated by
Table 5-1. Customary accessory uses are allowed in
conjunction with principal uses permitted by right
or by specific use permit, subject to compliance
with all applicable accessory use regulations of Sec.
5.3. Temporary uses are addressed in Sec. 5.4.
Remainder of this page intentionally blank
Sec. 5.1. Sec. 5.1 Principal Uses
5.1.1. Table of Allowed Uses
Principal uses are allowed in accordance with Table 5-1.
5.1.2. Interpreting the Use Table
A. Use Classification System
Uses are listed in the first column of Table 5-1. This
zoning ordinance classifies uses into categories
and subcategories, which are defined in Sec. 5.2.
In some cases, specific use types are listed in
addition to the use categories and subcategories.
The “definitions/regulations” (final) column of Table
5-1 includes a cross-reference to the applicable use
definition and any applicable supplemental use
regulations.
B. Permitted Uses
1. Uses identified with a “4” are permitted as-of-
right in the subject zoning district.
2. Permitted uses are subject to compliance with
any supplemental regulations identified in the
final column of Table 5-1 and with all other
applicable regulations of this zoning ordinance.
C. Specific Use Permits
Uses identified with an “S” may be allowed in the
subject zoning district if reviewed and approved in
accordance with the specific use permit procedures
of Sec. 9.4. These uses are subject to compliance
with any supplemental regulations identified in
the final column of Table 5-1 and with all other
applicable regulations of this zoning ordinance.
D. Prohibited Uses
Uses identified with an “–” are expressly prohibited.
Uses that are not listed in the table and that cannot
be reasonably interpreted (as stated in 5.2.5) to fall
within any defined use category or subcategory are
also prohibited.
Article 5 Uses
Sec. 5.1 Principal Uses
5-2 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
Table 5-1: Use Table
USE CATEGORY SF
1–4
SF
A
D
1–2
MF
1–3
O
1–2 GR RC SC C P
UC Definitions
Use SubcategorySpecific use type 1 2 3 4 Regulations
4 = use permitted as of right | S = specific use permit required | – = prohibited use
RESIDENTIAL
Household Living 5.2.6-A
Detached house 4 4 4 4 ––––––––4 4
Attached house –4 4 4 ––––––––4 S
Duplex ––4 4 ––––––––4 S
Apartment –––4 ––––––––––
Apartment (faculty or graduate student)––––––––––4 4 S S
Group Living 5.2.6-B
Community home 4 4 4 4 ––––––––––
Fraternity, sorority, dormitory –4 4 4 ––––––4 4 ––
Nursing home –––S ––––––––––
PUBLIC, CIVIC AND INSTITUTIONAL
College or University ––––––––––4 4 ––5.2.7-A
Community Center –S S S 4 4 4 4 4 –4 4 ––5.2.7-B
Fraternal Organization or Private Club ––––4 4 4 4 4 –4 4 ––5.2.7-C
Governmental Service (not otherwise classified)–S S S S 4 4 4 4 –4 4 S S 5.2.7-D
Library or Cultural Exhibit –S S S 4 4 4 4 4 –4 4 S S 5.2.7-E
Parks and Recreation (except as below)4 4 4 4 4 4 4 4 4 –4 4 ––5.2.7-F
Athletic field (intramural or intercollegiate)––––––––––4 4 S S
Philanthropic Institutions ––––S S S S S –S S S S
Religious Assembly S S S S 4 4 4 4 4 –4 4 ––5.2.7-G
Safety Service ––S S 4 4 4 4 4 –4 4 ––5.2.7-H
School 5.2.7-I
Private ––S S 4 4 4 4 4 –4 4 ––
Public –S S S ––––––––––
Utilities and Public Service Facilities
Minor S S S S S S S S S S S S S S 5.2.7-J
Major ––––S S S S S S S S S S 5.2.7-K
Wireless Communications Facility 5.2.7-L
Freestanding tower ––––4 4 4 4 4 –4 4 ––
Antenna ––––4 4 4 4 4 –4 4 ––
COMMERCIAL
Adult restricted uses ––––––––––––––
Animal Services 5.2.8-A
Boarding –––––4 4 4 4 –––––
Grooming –––––4 4 4 4 –––––
Veterinary –––––4 4 4 4 –––––
Assembly and Entertainment (except as below)––––––––4 –––––5.2.8-B
Cinema or theater ––––4 4 4 4 4 –4 4 ––
Health club/gymnasium –––––4 4 4 4 –––––
Article 5 Uses
Sec. 5.1 Principal Uses
5-3 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
USE CATEGORY SF
1–4
SF
A
D
1–2
MF
1–3
O
1–2 GR RC SC C P
UC Definitions
Use SubcategorySpecific use type 1 2 3 4 Regulations
4 = use permitted as of right | S = specific use permit required | – = prohibited use
Commercial Service 5.2.8-C
Building service –––––4 4 4 4 –––––
Building support service ––––4 4 4 4 4 –––––
Consumer maintenance/repair service –––––4 4 4 4 –––––
Personal improvement service (except as below)––––4 4 4 4 4 –––––
Tanning salon ––––––8 –––––––
Research service ––––––––4 –4 4 ––
Day Care (except as below)–––S ––––4 ––4 ––5.2.8-D
Day care for university faculty or students ––––––––––4 4 4 4
Financial Institution ––––4 4 4 4 4 –––––5.2.8-E
Lodging 5.2.8-F
Hotel or motel ––––4 4 4 4 4 –––––
Boarding or rooming house –––S ––––––4 4 ––
Office 5.2.8-G
Business or professional office ––––4 4 4 4 4 –––––
Dental or health practitioner ––––4 4 4 4 4 –4 –––
Parking, non-accessory (except as below)––––4 4 4 4 4 4 4 4 ––5.2.8-H
Parking lot for trucks and vans ––––––––4 –––––
Restaurant ––––4 4 4 4 4 –4 4 ––5.2.8-I
Retail Sales (except as below)–––––4 4 4 4 –––––5.2.8-J
Building materials sales ––––––––4 –––––
Drugstore or pharmacy ––––4 4 4 4 4 –––––
Florist or garden shop ––––4 4 4 4 4 –––––
Newsstand or bookstore ––––4 4 4 4 4 –4 4 ––
Studio, Artist or Instructional Service ––––4 4 4 4 4 –––––5.2.8-K
Vehicle Sales and Service 5.2.8-L
Personal vehicle repair and maintenance ––––––––4 –––––
Fueling station –––––4 4 4 4 –––––
Personal vehicle sales ––––––––4 –––––
Vehicle body and paint finishing shop ––––––––4 –––––
OTHER
Helistop ––––––––S –S S ––5.2.9-A
Drive-in or Drive-through Facility 5.2.9-B
Financial institution uses ––––4 4 4 4 4 –––––
Other uses ––––––––––––––
Large-scale Use Requires Planned Development (PD) Approval (Sec. 9.5)5.2.9-C
Public Transportation Facility ––––––––4 –S –––
Radio or TV Tower, Commercial ––––4 4 4 4 4 –4 4 ––
Bakery (wholesale)––––––––4 –––––
Cabinet or upholstery shop ––––––––4 –––––
Cleaning and dying plant ––––––––4 –––––
Equipment sales and service ––––––S S 4 –––––
Wine Storage ––––––––4 –––––
Article 5 Uses
Sec. 5.2 Use Classifications
5-4 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
Sec. 5.2. Sec. 5.2 Use Classifications
5.2.1. General
This section establishes and describes the use
classification system used to classify principal uses in
this zoning ordinance.
5.2.2. Use Categories
This zoning ordinance classifies principal land uses
into 4 major groupings (described in 5.2.6 through
5.2.9). These major groupings are referred to as “use
categories.” The use categories are as follows:
A. Residential (see 5.2.6).
B. Public, Civic and Institutional (see 5.2.7).
C. Commercial (see 5.2.8).
D. Other (see 5.2.9).
5.2.3. Use Subcategories
Each use category is further divided into more specific
“subcategories.” Use subcategories classify principal
land uses and activities based on common functional,
product or physical characteristics, such as the type and
amount of activity, the type of customers or residents,
and how goods or services are sold or delivered and
site conditions.
5.2.4. Specific Use Types
Some use subcategories are further broken down
to identify specific types of uses that are regulated
differently than the subcategory as a whole.
5.2.5. Determination of Use Categories and Subcategories
A. The community development director is authorized
to classify uses on the basis of the use category,
subcategory and specific use type descriptions of
this article.
B. When a use cannot be reasonably classified into a
use category, subcategory or specific use type, or
appears to fit into multiple categories, subcatego-
ries or specific use types, the community develop-
ment director is authorized to determine the most
similar and thus most appropriate use category,
subcategory or specific use type based on the
actual or projected characteristics of the principal
use or activity in relationship to the use category,
subcategory and specific use type descriptions
provided in this article. In making such determina-
tions, the community development director must
consider:
1. The types of activities that will occur in
conjunction with the use;
2. The types of equipment and processes to be
used;
3. The existence, number and frequency of
residents, customers or employees;
4. Parking demands associated with the use; and
5. Other factors deemed relevant to a use
determination.
C. If a use can reasonably be classified in multiple
categories, subcategories or specific use types, the
community development director is authorized to
categorize each use in the category, subcategory
or specific use type that provides the most exact,
narrowest and appropriate “fit.”
D. If a use can reasonably be interpreted as falling
within any of the use categories or subcategories,
the community development director is autho-
rized to determine that the use is only allowed if
reviewed and approved in accordance with the
planned development procedures of Sec. 9.5.
5.2.6. Residential Use Category
This category includes uses that provide living
accommodations for one or more persons. The
residential use subcategories are as follows.
A. Household Living
Residential occupancy of a dwelling unit by a
household. When dwelling units are rented, tenancy
is arranged on a month-to-month or longer basis.
Uses where tenancy may be arranged for a shorter
period are not considered residential; they are
considered a form of lodging.
B. Group Living
Residential occupancy of all or a portion of a
building by a group other than a household. Group
living uses typically include communal kitchen/
dining areas. Examples of group living include
community homes, nursing homes, assisted
living facilities, fraternity and sorority houses and
dormitories.
Article 5 Uses
Sec. 5.2 Use Classifications
5-5 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
1. Community Home
A community-based residential home pursuant
to Chapter 123, Texas Human Resource Code.
5.2.7. Public, Civic and Institutional Use Category
This category includes public, quasi-public and private
uses that provide unique services that are of benefit
to the public at-large. The public, civic and institutional
subcategories are as follows.
A. College or University
Academic institutions of higher learning that are
accredited or recognized by the state and offer
courses of general or specialized study.
B. Community Center
A building and/or grounds that may be used by the
City of University Park, or any person or entity as its
designee, to provide recreational or social services
for the benefit of citizens.
C. Fraternal Organization or Private Club
The use of a building or lot by a not-for-profit, social
or business organization that restricts access to its
facility to bona fide, annual dues-paying members
and their occasional guests and where the primary
activity is a service not carried on as a business
enterprise.
D. Governmental Service
Local, state or federal government services that
are not otherwise classified in this section. Includes
city hall and other buildings and related facilities
operated by local, state or federal government.
E. Library or Cultural Exhibit
Museum-like preservation and exhibition of objects
in one or more of the arts and sciences, gallery
exhibition of works of art or library collections of
books, manuscripts and similar materials operated
by a public or quasi-public agency other than the
city for study and reading by the general public.
F. Parks and Recreation
Recreational, social or multi-purpose uses
associated with public (including school district)
parks and open spaces, including playgrounds,
play fields, play courts and other facilities typically
associated with public parks and open space areas.
G. Religious Assembly
A place of worship of recognized religions
operated by persons qualified by special training
in a seminary or a recognized school of religious
training and which facility is open to the general
public, including such accessory uses as church-
operated nursery and educational facilities and
on-site residence for religious personnel.
H. Safety Service
Establishments that provide fire, police or life
protection, together with the incidental storage and
maintenance of necessary vehicles. Typical uses
include fire stations and police stations.
I. School
Public and private schools at the primary,
elementary, middle school or high school level that
provide basic, compulsory education.
J. Utilities and Public Service Facility, Minor
Infrastructure services that need to be located in
or close to the area where the service is provided.
Minor utilities and public service facilities do
not regularly have employees at the site and
typically have few if any impacts on surrounding
areas. Typical uses include: underground electric
distribution substations; electric transformers;
water conveyance systems; stormwater facilities
and conveyance systems; telephone switching
equipment and emergency communication
warning/broadcast facilities.
K. Utilities and Public Service Facility, Major
Infrastructure services that typically have
substantial visual or operational impacts on nearby
areas.
L. Wireless Communication Facility
Towers, antennas, equipment, equipment buildings
and other facilities used in the provision of wireless
communication services.
1. Freestanding Towers
A structure intended to support equipment
that is used to transmit and/or receive
telecommunications signals, including
monopoles and guyed and lattice construction
steel structures.
Article 5 Uses
Sec. 5.2 Use Classifications
5-6 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
2. Antennas
The physical device that is attached to a
freestanding tower, building or other structure,
through which electromagnetic, wireless
telecommunications signals authorized by
the Federal Communications Commission are
transmitted or received.
3. Federal Law
The wireless communication facility regulations
of this zoning ordinance must be applied within
the constraints of the Telecommunications Act
of 1996 and Section 6409 of the Middle Class
Tax Relief and Job Creation Act of 2012.
5.2.8. Commercial Use Category
The commercial use category includes uses that provide
a business service or involve the selling, leasing or
renting of merchandise to the general public. The
commercial use subcategories are as follows.
A. Animal Service
Uses that provide goods and services for care of
animals, including the following specific use types:
1. Boarding
Non-medical care provided for household
pets within a completely enclosed building in
a location other than their primary residence.
Typical examples include indoor kennel services
for dogs, cats and small animals, pet resorts/
hotels, pet training centers conducted entirely
indoors, and indoor doggy day care centers.
2. Grooming
Grooming of dogs, cats and similar small
household pets conducted within a completely
enclosed building, including dog bathing and
clipping salons and pet grooming shops.
3. Veterinary
Animal hospitals and veterinary clinics, with
all activities conducted within a completely
enclosed building
B. Assembly and Entertainment
Uses conducted within a completely enclosed
building that provide gathering places for
participant or spectator recreation, entertainment
or other assembly activities. Typical uses include
health clubs, gymnasiums, billiard centers, bowling
centers, cinemas and live theaters.
C. Commercial Service
Uses that provide for consumer, business or
research services and for the indoor, low-impact
repair and maintenance of a wide variety of
products. Includes the following specific use types:
1. Building Service
Uses that provide maintenance and repair
services for structural and mechanical elements
of buildings. Typical uses include janitorial,
carpet cleaning, extermination, plumbing,
electrical, window cleaning and similar services.
2. Business Support Service
Uses that provide personnel services,
printing, copying, package (delivery) drop-
off, photographic services or communication
services to businesses or consumers. Typical
uses include employment agencies, copy and
print shops, delivery/courier service drop-off
location for consumers, caterers and photo
developing labs.
3. Consumer Maintenance and Repair Service
Uses that provide maintenance, cleaning
and repair services for consumer goods on
a site other than that of the customer (i.e.,
customers bring goods to the site of the repair/
maintenance business). Typical uses include
laundry and dry cleaning pick-up shops, tailors,
taxidermists, dressmakers, shoe repair, picture
framing shops, locksmiths, vacuum repair
shops, electronics repair shops and similar
establishments. Businesses that offer repair
and maintenance service for large equipment
or technicians who visit customers’ homes or
places of business are classified as a “building
service.”
4. Personal Improvement Service
Uses that provide personal grooming, cosmetic
or health and well-being-related services.
Typical uses include barbers, hair and nail
salons, tanning salons and day spas.
5. Research Service
Uses engaged in scientific research and testing
services leading to the development of new
products and processes. Such uses resemble
Article 5 Uses
Sec. 5.2 Use Classifications
5-7 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
office buildings or campuses and do not involve
the mass production, distribution or sale of
products. Research services do not produce
odors, dust, noise, vibration or other external
impacts that are detectable beyond the
property lines of the subject property.
D. Day Care
Uses providing care and supervision for 3 or more
children away from their primary residence for less
than 24 hours per day.
E. Financial Institution
A depository institution chartered by the state or
federal government, the deposits of which are
insured by the Federal Deposit Insurance
Corporation or the National Credit Union
Administration. This includes banks, savings and
loan associations, mutual savings banks and credit
unions. Automatic teller machines, kiosks and
similar facilities that do not have on-site employees
or amplified sound are not classified as financial
institution uses if they meet the criteria for
classification as an accessory use (see Sec. 5.3).
F. Lodging
Uses that provide temporary lodging for less than
30 days where rents are charged by the day or by
the week. Lodging uses sometimes provide food
or entertainment, primarily to registered guests.
Examples of specific lodging use types include:
1. Hotel
A lodging establishment that includes at least 12
individual guest rooms and provides customary
hotel services.
2. Boarding House or Rooming House
A building, other than a hotel or motel, where
lodging and meals for 3 or more persons who
are not related by blood, marriage, or adoption,
are provided for compensation or other
services, reward or privilege.
G. Office
Uses in an enclosed building, customarily
performed in an office, that focus on providing
executive, management, administrative,
professional or medical services. Examples of
specific use types include:
1. Business or Professional Office
Office uses for companies and non-
governmental organizations. Examples include
corporate office, law offices, architectural firms,
insurance companies and other executive,
management or administrative offices for
businesses and corporations.
2. Medical, Dental or Health Practitioner
Office uses related to diagnosis and treatment
of human patients’ illnesses, injuries and
physical maladies that can be performed in an
office setting with no overnight care. Typical
uses include offices of physicians, dentists,
psychiatrists, psychologists and chiropractors.
Surgical, rehabilitation and other medical
centers that do not involve overnight patient
stays are included in this use subcategory, as
are medical and dental laboratories, unless
otherwise expressly indicated.
H. Parking, Non-Accessory
Parking that is not provided to comply with
minimum off-street parking requirements or that
is not provided exclusively to serve occupants of or
visitors to a particular use, but rather is available to
the public at-large.
I. Restaurant
An establishment that serves food or beverages for
on-premise consumption as its principal business
and in which more than 25% of the establishment’s
floor area is devoted to seating/dining and
customer service areas. Typical examples include
restaurants, cafés, cafeterias. Restaurants may
include beer, wine and alcohol sales for on-premise
consumption if the operator holds a valid mixed
beverage permit issued by the state alcoholic
beverage commission in accordance with the
provisions of Chapter 28 of the Alcoholic Beverage
Code, provided the operator also holds a food and
beverage certificate under Section 28.18 of the
Alcoholic Beverage Code. Food service and eating
places in which no more than 25% of the floor area
is devoted to customer service or seating/dining
area are classified as “retail sales.”
J. Retail Sales
Uses involving the sale, lease or rental of goods to
Article 5 Uses
Sec. 5.3 Accessory Uses and Structures
5-8 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
the ultimate consumer.
K. Studio, Artist or Instructional Service
Uses in an enclosed building that focus on
providing individual or small group instruction or
training in fine arts, music, dance, drama, fitness,
language or similar activities. Also includes dance
studios, ballet academies, yoga studios, martial arts
instruction, tutoring, artist studios and photography
studios.
L. Vehicle Sales and Service
Uses that provide for the sale, rental, maintenance
or repair of new or used vehicles and vehicular
equipment. The vehicle sales and service
subcategory includes the following specific use
types:
1. Fueling Station
Uses engaged in retail sales of vehicle fuels
for personal vehicles, other than fleet fueling
facilities and truck stops.
2. Personal Vehicle Repair and Maintenance
Uses that repair, install or maintain the
mechanical components of automobiles, small
trucks or vans or motorcycles or that wash,
clean or otherwise protect the exterior or
interior surfaces of these vehicles.
3. Personal Vehicle Sales
Uses that provide for the sale or rental of
automobiles, small trucks, vans, or motorcycles
within a completely enclosed building.
4. Vehicle Body and Paint Finishing Shop
Uses that primarily conduct motor vehicle body
work and repairs or that apply paint to the
exterior or interior surfaces of motor vehicles
by spraying, dipping, flow-coating or other
similar means.
5.2.9. Other Use Category
This category includes uses not included in other use
categories.
A. Helistop
A landing pad or area for occasional, non-scheduled
use by rotary-wing aircraft not exceeding a gross
weight of 6,000 pounds and not including fueling or
servicing facilities.
B. Drive-in or Drive-through Facility
Any use with drive-through windows or drive-
through lanes or that otherwise offer service to the
occupants of motor vehicles. Typical uses include
drive-in or drive-through restaurants, drive-through
banks and drive-through pharmacies. Automatic
teller machine kiosks and similar drop-off or pick-
up facilities that do not have on-site employees or
amplified sound are not classified as drive-in or
drive-through facilities if they meet the criteria for
classification as an accessory use (Sec. 5.3).
C. Large-scale Use
Any use that occupies more than 40,000 square feet
of floor area or requires more than 200 off-street
parking spaces
Sec. 5.3. Sec. 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 (Sec. 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 con-
junction with or after the principal building or use.
They may not be established before the principal
building or use is in place.
Article 5 Uses
Sec. 5.3 Accessory Uses and Structures
5-9 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
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
Except as otherwise expressly allowed, detached
accessory buildings and structures must be located
in the rear yard. A detached accessory building or
structure, inlcuding a swimming pool or garage,
may be located in the rear half of the lot between
the rear of the principal buildng and the midpoint
of the lot if it is set back from side lot lines at least
7 feet or a distance equal to at least 10% of the
lot width, whichever is less. See also the garage
regulations of Sec. 7.2.
C. Front Yards
In addition to the building encroachments allowed
in accordance with Sec. 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 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 flag pole per lot, not exceeding 25 feet in
height, measured from natural grade, set back
a minimum distance equal to the height of the
flag pole, 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 acces-
sory buildings and structures must be set back at
least 3 feet from any interior side lot line, as mea-
sured from the closest point of the structure
B. Accessory buildings with vertical walls and roof
projections that have a 2-hour fire resistance rating
must be set back at least 2 feet from interior side
lot lines.
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
Article 5 Uses
Sec. 5.3 Accessory Uses and Structures
5-10 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
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.
5.3.9. Tennis Courts (Private)
A. Private tennis courts are allowed only if approved
in accordance with the specific use permit proce-
dures of Sec. 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 ease-
ments.
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 Sec. 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 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
Sec. 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 breeze-
way 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.
Article 5 Uses
Sec. 5.3 Accessory Uses and Structures
5-11 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
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.maximum single story maximum height to eave 12’-6” sides must be at least 50% unenclosed eave
max.2’ deepeaves
max.2’ deepeaves
maximum 6’-0” width measured between supports
measured from finished floor elevation
Figure 5-1: Breezeway/Covered WalkwayFigure 5-2: Example Plan of Accessory Structures on Typical Lot
rear property line ALLEY
BREEZEWAY per Sec. 5.3.11 SWIMMING POOL per Sec. 5.3.10
per Article 2
per Sec. 7.2
CIRCULAR DRIVE per 7.3.2
side property lineside property lineHOUSE
DETACHED
GARAGE
front property line
TERRACE per Sec. 2.10.2
DRIVEWAY per Sec. 7.3
Article 5 Uses
Sec. 5.3 Accessory Uses and Structures
5-12 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
5.3.13. Accessory Dwelling Units
A. Accessory dwelling units are allowed on lots oc-
cupied 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 work-
ers 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 imme-
diate 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
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.
Article 5 Uses
Sec. 5.4 Temporary Uses and Structures
5-13 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
Sec. 5.4. Sec. 5.4 Temporary Uses and Structures
5.4.1. General
Allowed temporary uses and structures are limited to
those expressly regulated in this article, including this
section (Sec. 5.4) and Table 5-2, as well as those that,
in the determination of the community development
director are similar in nature those expressly identified.
The community development director is also authorized
to refer temporary use approval requests to the board
of adjustment through the special exception procedures
of Sec. 9.6.
5.4.2. Temporary Construction Structures
Temporary buildings, offices, and building material
storage areas used for construction purposes may be
permitted for a specific period of time as accessory
structures in accordance with a permit issued by
the community development director and subject to
periodic review by the community development director
for cause shown. All temporary buildings, offices and
other materials must be removed before issuance of a
certificate of occupancy.
5.4.3. Portable Storage Containers
A portable storage container may be placed in a front
yard in a residential district for a period not exceeding
one week to provide temporary storage for personal
property from the residence to facilitate relocation and
moving of household items to or from the residence.
Table 5-2: Accessory and Temporary Use Table
SF
1–4
SF
A
D
1–2
MF
1–3
O
1–2 GR RC SC C 4
UC
Use Type 1 2 3 4
4 = use permitted as of right | S = specific use permit required | – = prohibited use
Field or construction office (temporary)4 –––4 4 4 4 4 –4 4 ––
Home occupation 4 4 4 4 ––––––––––
Amateur radio or CB antenna to 40 ft.4 4 4 4 4 4 4 4 4 –4 4 ––
Amateur radio or CB antenna over 40 ft.S S S S 4 4 4 4 4 –4 4 ––
Residential TV dish antenna 4 4 4 4 4 4 4 4 4 –4 4 4 4
Tennis court (private)S S S S 4 4 4 4 4 –4 4 S S
Tennis court (unlighted)––––––––––4 4 4 S
Swimming pool (private)4 4 4 4 4 4 4 4 4 –4 4 ––
Accessory bldg. or use - residential 4 4 4 4 4 4 4 4 ––4 4 4 4
Accessory bldg. retail or commercial ––––4 4 4 4 4 –––––
Accessory use to university ––––––––––4 4 S S
Video drop box ––––4 4 4 4 4 –––––
Massage therapy as accessory use in hair salon ––––4 4 4 4 4 –4 –––
This Page Intentionally Blank
Article 6 Parking
Sec. 6.1 General
6-1 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
Article 6. Parking
Sec. 6.1. Sec. 6.1 General
6.1.1. Purpose
The parking regulations of this article are intended to
ensure that off-street parking facilities are provided
to meet the typical day-to-day needs of shoppers,
employees, visitors and residents while avoiding
the negative impacts that can result from requiring
excessive quantities of off-street parking.
6.1.2. Applicability
A. General
Off-street parking must be provided and
maintained in accordance with the provisions of
this article. Unless otherwise expressly stated, the
regulations apply to all zoning districts and uses.
B. New Uses and Development
The parking regulations of this article apply to
all new buildings constructed and all new uses
established.
C. Change of Use
If a new use of a building or structure requires
more off-street parking than the use that most
recently occupied the building or structure,
additional off-street parking is required in an
amount equal to the difference between the
parking required for the new use and the parking
that would have been required for the previous
use if current parking requirements had been
applicable, provided that the total number of
required spaces for the change of use need not
exceed the number that would be required for
establishment of a new use.
D. Enlargements and Expansions
1. The parking regulations of this article apply
whenever an existing building or use is enlarged
or expanded to include additional dwelling
units, floor area, seating capacity or other units
of measurement used for establishing off-street
parking requirements.
2. In the case of enlargements or expansions that
trigger requirements for additional parking,
additional spaces are required only to serve
the enlarged or expanded area, not the entire
building or use.
E. Maintenance
Off-street parking spaces required by this zoning
ordinance must be maintained for the life of the
principal use.
F. Damage or Destruction
When a use that has been damaged or destroyed
by fire, collapse, explosion, or other cause is
re-established, off-street parking or loading
facilities must also be re-established or continued
in operation in an amount equal to the number
maintained at the time of such damage or
destruction. It is not necessary, however, to restore
or maintain parking or loading facilities in excess of
those required by this zoning ordinance.
G. GR District Exception
Any existing building in the GR district that is
occupied by a use allowed in the GR district may be
maintained, improved or reconstructed or occupied
by another use allowed in the GR district without
providing the minimum motor vehicle parking
Sec. 6.1. General .....................................................................................................6-1
Sec. 6.2. Minimum Parking Ratios .......................................................................6-2
Sec. 6.3. Parking Calculations ...............................................................................6-2
Sec. 6.4. Mandatory PD Thresholds .....................................................................6-3
Sec. 6.5. RESERVED .................................................................................................6-3
Sec. 6.6. Accessible Parking ..................................................................................6-3
Sec. 6.7. Parking Location and Design .................................................................6-3
Sec. 6.8. Site Plan Review ......................................................................................6-5
Sec. 6.9. Loading .....................................................................................................6-5
Sec. 6.10. Inset Public Parking ................................................................................6-6
Article 6 Parking
Sec. 6.2 Minimum Parking Ratios
6-2 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
otherwise required in this article, provided that any
enlargement or expansion of such building or use
must comply with the provisions of paragraph D of
this section (6.1.2).
Sec. 6.2. Sec. 6.2 Minimum Parking Ratios
Off-street motor vehicle parking spaces must be
provided in accordance with the minimum ratios
established in Table 6-1, except within UC zoning
districts. Minimum parking ratios for UC districts are
established in 4.3.5.
Table 6-1: Minimum Motor Vehicle Parking Ratios
USE CATEGORY MinimumMotor Vehicle Parking SpacesUse Subcategory
Specific use type
RESIDENTIAL
Household Living
Detached house (less than 8,000 sq. ft.)2 / dwelling unit [1]
Detached house (8,000 sq. ft. or more)3 / dwelling unit [1]
Duplex 2 / dwelling unit [1]
Other household living 2 / dwelling unit or 1 / bedroom
Group Living
Community home 1 / 2 beds
Fraternity, sorority, dormitory 1 / 2 beds
Nursing home 1 / 6 bed
PUBLIC, CIVIC AND INSTITUTIONAL
College or University See 4.3.5
Community Center 1 / 500 sq. ft.[2]
Fraternal Organization or Private Club 1 / 100 sq. ft. [3]
Governmental Service [4]
Library or Cultural Exhibit 1 / 500 sq. ft.[2]
Parks and Recreation [4]
Religious Assembly 1 / 3 seats
Safety Service [4]
School
Elementary and Middle or Jr. High 6 + 1 / classroom
Senior High 8 / classroom
COMMERCIAL
Animal Services 1 / 300 sq. ft.
Assembly and Entertainment (except as below)1 / 3 seats
Stadium 1 / 6 seats
Commercial Service (except as below)1 / 300 sq. ft
Personal improvement service 1 / 100 sq. ft. [3]
Day Care 1 + 1 / 4 enrollees
USE CATEGORY Minimum
Motor Vehicle
Parking SpacesUse SubcategorySpecific use type
Eating and Drinking Places 1 / 100 sq. ft. [2]
Financial Institution 1 / 300 sq. ft
Office
Business or professional office 1 / 300 sq. ft.
Dental or health practitioner 1 / 300 sq. ft [3]
Lodging 1 / guest room [5]
Retail Sales 1 / 200 sq. ft[3]
Studio, Artist or Instructional Service 1 / 300 sq. ft.
Vehicle Sales and Service 4 + 1 / 100 sq. ft.
[1] Spaces must be located in a completely enclosed garage.
[2] Minimum 10 spaces
[3] Minimum 5 spaces
[4] As determined by community development director in
accordance with 6.3.7
[5] Plus spaces required for ancillary uses
Sec. 6.3. Sec. 6.3 Parking Calculations
In determining the number of parking spaces required,
the following calculation rules apply:
6.3.1. Multiple Uses
Lots containing more than one use or tenant must
provide parking in an amount equal to the total
aggregate number of spaces required for each use or
tenant on the lot.
6.3.2. Floor Area
All area of a building and site that are used for off-street
parking is excluded in computing off-street parking
requirements.
6.3.3. Occupancy- or Capacity-based Standards
For the purpose of computing parking requirements
based on employees, students, members, residents or
occupants, calculations must be based on the building
code-rated capacity.
6.3.4. Bench Seating
For the purpose of calculating parking requirements
based on seating, each 22 linear inches of bench or pew
length is equivalent to one seat.
6.3.5. Bedrooms
When parking requirements are based on bedroom
count, any enclosed floor space exceeding 90 square
feet in area that has direct access to a bathroom or a
Article 6 Parking
Sec. 6.4 Mandatory PD Thresholds
6-3 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
closet, other than a bathroom, kitchen or living room, is
counted as a bedroom.
6.3.6. Outdoor Customer Seating/Dining Areas
Any outdoor customer seating/dining area exceeding
20% of a bar, restaurant or other use’s enclosed (indoor)
floor area must be counted as floor area for purposes
of determining off-street parking requirements.
6.3.7. Unlisted Uses
Upon receiving a development application for a use not
specifically listed in an off-street parking schedule, the
community development director is authorized to:
A. Apply the off-street parking ratio specified for the
listed use that is deemed most similar to the pro-
posed use;
B. Establish minimum off-street parking requirements
for the proposed use in accordance with 6.3.8.
6.3.8. Establishment of Other Parking Ratios
The community development director is authorized to
establish required minimum parking ratios for unlisted
uses and in those instances where authority to establish
a requirement is expressly provided. Such ratios must
be established on the basis of (1) a similar use/parking
determination (as described in 6.3.7), (2) on parking
data provided by the applicant or (3) other information
available to the community development director.
Parking data and studies must include estimates of
parking demand based on reliable data collected
from comparable local uses or on external data from
credible research organizations, such as the Urban
Land Institute (ULI) and the Institute of Transportation
Engineers (ITE). Comparability will be determined by
density, scale, bulk, area, type of activity and location.
Parking studies must document the source of all data
used to develop recommended requirements.
Sec. 6.4. Sec. 6.4 Mandatory PD Thresholds
New uses or expansions of existing uses that are
required to provide more than 200 off-street parking
spaces under the minimum off-street parking
regulations of this article must be rezoned to the PD
zoning district in accordance with the procedures of
Sec. 9.5 (see also the PD district regulations of Sec. 4.5).
Sec. 6.5. Sec. 6.5 RESERVED
Sec. 6.6. Sec. 6.6 Accessible Parking
Accessible parking spaces for persons with disabilities
must be provided in accordance with the State of Texas
Program for the Elimination of Architectural Barriers
and the Americans with Disabilities Act (ADA).
Sec. 6.7. Sec. 6.7 Parking Location and Design
6.7.1. Location
A. Required off-street parking spaces must be locat-
ed on the same lot as the building or use they are
required to serve.
B. All required parking spaces must be located off-
street, completely on private property, and behind
the front building line.
6.7.2. Stall Size
Except as otherwise expressly provided in this zoning
ordinance (see, for example, 6.7.4 and 6.7.5). All
required parking spaces must be at least 9 feet in width
and 20 feet in length, except for permitted small-car
parking spaces (See 6.7.3), which must be at least 8.5
feet in width and 16 feet in length.
6.7.3. Small-Car Parking
A. When Permitted
1. Small-car parking spaces are allowed in the SC,
PD and P zoning districts.
2. Small-car parking spaces may be used to satisfy
minimum off-street parking requirements in
non-SC and non-P zoning districts when 40
or more parking spaces are required for the
subject use.
B. Maximum Number of Small Car Spaces
No more than 25% of the total number of off-street
parking spaces provided on a lot may be small-car
parking spaces.
C. Site Plan Requirements
Proposals for use of small-car parking spaces
must be accompanied by a site plan, which is
subject to review and approval by the community
development director. The director must review the
site plan to ensure that the parking spaces comply
Article 6 Parking
Sec. 6.7 Parking Location and Design
6-4 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
with the requirements of this article and all other
applicable city regulations.
D. Striping and Identification
All small-car parking stalls must be double-striped
and clearly marked on the pavement with a sign
stating “small car only” or “compact car only.”
6.7.4. Tandem Parking
A. Except as expressly stated in this section, all re-
quired parking spaces must be designed to allow
each parking space to be accessed without passing
through another parking space.
B. Tandem parking spaces may be used to satisfy
parking requirements for household living uses
in residential districts, provided that multi-family
(apartment) uses may utilize tandem parking only
if:
1. Three or more parking spaces are required for
the unit;
2. Each parking space is at least 9 feet in width
and 20 feet in length;
3. Each parking space is assigned to a specified
dwelling unit and clearly marked with the unit
number; and
4. All tandem parking spaces located at-grade are
enclosed with solid walls and a door.
6.7.5. Parking Area Layout (Geometrics)
A. Parking areas must be designed in accordance with
the dimensional standards of Table 6-2.
Table 6-2: Parking Lot Geometrics
Stall
Angle
Stall Width
(feet)
Stall Length
(feet)
Aisle Width
(feet)
A B C D
0°8.5 18 12/20
9.0 22 12/20
45°8.5 16 12/20
9.0 20 11/19
60°8.5 16 16/21
9.0 20 15/20
90°
8.5 16 NA/22
9.0 20 NA/22
10.0 20 NA/20
A = Stall Angle | B = Stall Width (feet)
C = Stall Length (feet) | D = Aisle Width (1-way/2-way, feet)
Figure 6-1: Parking Lot Geometrics
Article 6 Parking
Sec. 6.8 Site Plan Review
6-5 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
B. Requirements for layouts or angles not shown in
Table 6-2 may be interpolated from the layouts
shown, as approved by the community develop-
ment director.
6.7.6. Surfacing
Surfacing in all parking areas and driveways must
comply with the standards on file in the engineering
department and be specified and approved prior to
installation. See Permeability Requirements of Chapter
3, Article 3.100 [Article 3.02, Divisions 2 and 3] of the
Code of Ordinances.
Sec. 6.8. Sec. 6.8 Site Plan Review
In all UC-2, GR, RC, SC and PD zoning districts, removal
or reduction of any off-street required parking space
or area may not be undertaken until a site plan
delineating such proposed change, replacement or
alteration is reviewed and approved by the city council,
after recommendation by the planning and zoning
commission.
Sec. 6.9. Sec. 6.9 Loading
6.9.1. Minimum Ratios
Off-street loading and unloading spaces must be
provided for nonresidential uses in accordance with
Table 6-3.
Table 6-3: Off-street Loading Ratios
Floor Area (Square feet)Minimum Number of Loading Berths Required
0–10,000 None
10,001–50,000 1
50,001–100,000 2
Each additional
100,000
1
6.9.2. Additional Regulations
All loading areas must comply with the additional
regulations of this subsection (6.9.2).
A. Loading spaces must have a minimum width of 10
feet and a minimum length of 25 feet, with a mini-
mum overhead clearance of 15 feet.
B. Loading and unloading activity may not encroach
upon any public right-of-way.
Remainder of this page
intentionally blank
Article 6 Parking
Sec. 6.10 Inset Public Parking
6-6 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
Sec. 6.10. Sec. 6.10 Inset Public Parking
6.10.1. Front Street
A. Inset parallel public parking along a street that
forms the primary (front) street frontage for
buildings on the subject block is to subject review
and approval by the city council and to the regu-
lations of this subsection.
B. If approved, front street inset parking will be
designed and constructed by the city.
C. The process requires a petition requesting inset
parking to be signed by at least 75% of all proper-
ty owners on the subject block face.
D. The public works director must review the re-
quest and submit a recommendation for consid-
eration by the city council.
E. Residents within 200 feet of the block requesting
installation of inset parking must be notified of
the date and time of the city council meeting at
which the request will be considered.
F. Front street inset parking spaces must be:
1. At least 23 feet in length;
2. Installed within the parkway abutting the
existing sidewalk
3. Set back at least 35 feet from the intersection
of the projected curb lines at the street corner
and at least 15 feet from the intersection of
the projected curb line and the pavement line
at the corner of any alley; and
4. Continuous along the entire blockface, as
shown Figure 6-2, unless the city council
approves a landscape median or other offset
that does not create a traffic hazard.
G. At least one tree island must be installed to sepa-
rate each 4 parking spaces or each 92 linear feet
of inset parking. Tree islands must be at least 12
feet in length and include at least one shade tree
with a minimum caliper size of 3 inches.
side streetfront streetside street
Minimum 12-foot long island plant-ed with one shade tree
Figure 6-2: Inset Parking on Front Street
No more than 4 spaces con-tinuous with-out an island, maximum 92 feet
No more than 4 spaces con-tinuous with-out an island, maximum 92 feet
Article 6 Parking
Sec. 6.10 Inset Public Parking
6-7 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
6.10.2. Side Street Inset Parking
A. Inset parallel public parking along a street that
forms the secondary (corner side) street frontage
for a lot is permitted, subject to the regulations of
this subsection.
B. All costs of designing and constructing inset park-
ing along a side street must be paid by the abutting
private property owner.
C. Plans showing design, construction and paving de-
tails, existing sidewalk, existing curb lines, property
lines and dimension of parking spaces must be
submitted to the public works director for review
and approval.
D. Side street inset parking spaces must be:
1. At least 23 feet in length;
2. Installed within the parkway abutting the
existing sidewalk
3. Set back at least 35 feet from the intersection
of the projected curb lines at the street corner
and at least 15 feet from the intersection of the
projected curb line and the pavement line at
the corner of any alley; and
4. Continuous along the entire depth of the lot, as
shown Figure 6-3.
E. The total length of side street inset parking may
not exceed 4 spaces or 92 feet. side streetfront streetmin. 35 ft. from intersectionSpaces aligned at edge of sidewalk
Trees planted
in street-side yard at mini-mum 40 ft. on
center
alley
min. 15 ft. from alley23-foot space Figure 6-3: Inset Parking on Side Street
This Page Intentionally Blank
7-1 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
Sec. 7.1. General ...................................................................................................7-2
Sec. 7.2. Residential Garages ..............................................................................7-2
Sec. 7.3. Driveways ...............................................................................................7-8
Article 7. Garages and Driveways
Remainder of this page intentionally blank
Article 7 Garages and Driveways
Sec. 7.1 General
7-2 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
Sec. 7.1. Sec. 7.1 General
7.1.1. Purpose
The garage and driveway regulations of this article
are intended to ensure that garages and driveways
are provided to provide for lot access and off-street
parking, while maintaining and promoting the desired
physical character of existing neighborhoods.
7.1.2. Applicability
A. General
Driveways and residential garages must be
provided and maintained in accordance with the
provisions of this article.
B. New Uses and Development
Unless otherwise expressly stated, the regulations
apply to all new uses established n all zoning
districts and to all new buildings constructed and
redeveloped in all zoning districts.
Sec. 7.2. Sec. 7.2 Residential Garages
The regulations of this section apply to all attached and
detached garages, carports, and similar vehicle storage
structures in all SF, SF-A, and D, and MF districts.
7.2.1. General Garage Regulations
A. Building Setbacks
1. All attached garages must comply with the
setbacks of the subject zoning district, unless
otherwise stated in this Sec. 7.2. Refer to
configurations in 7.2.2.
2. All detached garages must be setback a
minimum of 3 feet from any rear or interior
side property line. Side-street setbacks must
comply with the setbacks of the subject zoning
district. Refer to configurations in 7.2.3.
B. Window Locations
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 shall 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.
C. Parking Pad Required
For all garages except those in the MF districts,
an outdoor parking pad is required in front of the
garage door. The required parking pad must be at
least 20 feet in length and 20 feet in width.
D. Detached Garages
1. Detached garages may be located only in the
rear half of the lot. Refer to configurations in
7.2.3.
2. Detached garages must be located at least 6
feet from any portion of the main building.
Refer to configurations in 7.2.3.
7.2.2. Attached Garage Configurations
Refer to 7.2.1 for general garage location regulations.
Article 7 Garages and Driveways
Sec. 7.2 Residential Garages
7-3 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
B. Alley-Access, Side-Facing
In addition to compliance with the setbacks for the
zoning district, the vehicle access door/opening of
any garage, carport, or other vehicle storage area
that is accessed from an alley but faces an interior
side property line must be set back at least 24 feet
from the side property line that it faces (see Figure
7-2).
required parking pad per 7.2.1.D
A. Alley-Access, Rear-Facing
In addition to compliance with the setbacks for the
zoning district, the vehicle access door/opening
of any attached garage, carport, or other vehicle
storage area that is accessed from and faces an
alley must be set back at least 20 feet from the alley
right-of-way (see Figure 7-1).
ATTACHEDGARAGE
back of sidewalk
rear setback
garage door min. 20 ft. garage setbackALLEY
STREET
rear property line
side property lineside property lineHOUSE
Figure 7-1: Alley-access, Rear-Facing Garage
HOUSEATTACHEDGARAGErear setback
garage doorALLEY
STREET
min. 24 feet
back of sidewalk
rear property line
side property lineside property lineside setbackside setbackFigure 7-2: Alley-access, Side-Facing Garage
required parking pad per 7.2.1.D
Article 7 Garages and Driveways
Sec. 7.2 Residential Garages
7-4 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
D. Front Street-Access in the Rear Yard
Garages, carports, and other vehicle storage areas
that are attached to the main structure, accessed
from the front street, and located in the rear half
of the lot with the door/opening facing the front
or interior side property line must comply with the
rear and side setbacks of the subject zoning district
(see Figure 7-4).
C. Side Street-Access, Side Street-Facing
In addition to compliance with the setbacks for the
zoning district, the vehicle access door/opening of
any garage, carport, or other vehicle storage area
that is accessed from and faces a side street must
be set back at least 20 feet from the street side
property line that it faces (see Figure 7-3).
ATTACHED
GARAGE
rear setback
STREET
back of sidewalkside property lineside setbackside setbackHOUSE
min. 9 ft. max. 15’min. 4 ft. min. 4 ft. ATTACHEDGARAGEgarage doorrear setback
STREET
back of sidewalk
rear property line
side property lineside setbackside setbackHOUSE
min. 9 ft. max. 15’min. 4 ft.
Figure 7-3: Side-Street Access Garagegarage doorSTREET STREETback of sidewalk
rear property line
side property linestreet-side property lineside setbackside setbackHOUSE
min.
20 ft.
Figure 7-4: Attached, Front Street-Access; Rear-Yard, Front-Facing (L) and Rear-Yard, Side-Facing (R)
required parking pad per 7.2.1.D
required parking pad per 7.2.1.D
garage door
required parking pad per 7.2.1.D
Article 7 Garages and Driveways
Sec. 7.2 Residential Garages
7-5 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
E. Front Street-Access, Front Yard
Garages, carports, and other vehicle storage areas
that are accessed from the front street and located
in the front half of the lot must comply with the
front, side and rear setbacks of the subject zoning
district. The vehicle access door/opening may not
face the street and must be set back at least 24 feet
from the side property line that it faces (see Figure
7-5).
7.2.3. Detached Garage Configurations
Refer to 7.2.1 for general garage location regulations.
A. Alley Access, Rear-Facing
The vehicle access door/opening of any detached
garage, carport, or other vehicle storage area that
is accessed from and faces an alley must be set
back at least 20 feet from the alley right-of-way (see
Figure 7-6). The side yard setback for a detached
rear-facing garage is minimum 3 feet.
Figure 7-5: Attached, Front-Yard Garage Figure 7-6: Detached, Alley Access, Rear-facing GarageATTACHEDGARAGE DETACHEDGARAGE
garage doorgarage door
STREET STREET
back of sidewalk back of sidewalk
rear property line rear property line
alley
side property lineside property lineside property lineside property lineside setbackside setbackside setbackside setbackHOUSE
HOUSE
min. 9 ft. max. 15’min. 24 feet
rear setback rear setback
min. 20 ft. garage setback min. 6 ft. between garage and main house min. 3 ft. garage setback
min. 3 ft.
garage
setback
required parking pad per 7.2.1.D
required parking pad per 7.2.1.D
Article 7 Garages and Driveways
Sec. 7.2 Residential Garages
7-6 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
C. Side Street Access, Side Facing
The vehicle access door/opening of any detached
garage, carport, or other vehicle storage area that
is accessed from and faces a side street must
be set back at least 20 feet from the street side
property line that it faces (see Figure 7-8). The rear
yard setback for a detached side-facing garage is
minimum 3 feet.
B. Alley Access, Side-Facing
The vehicle access door/opening of any detached
garage, carport, or other vehicle storage area that
is accessed from an alley but faces a side property
line must be set back at least 24 feet from the side
property line that it faces (see Figure 7-7). The rear
yard setback for a detached side-facing garage is
minimum 3 feet.
Figure 7-8: Detached, Side Street Access, Side-facing Garage DETACHEDGARAGEgarage doorSTREET STREETback of sidewalk
rear property line
side property lineside property linestreet-side setbackside setbackHOUSE
min. 20 ft. garage setback
min. 6 ft. between garage and main house min. 3 ft. garage setback
min. 3 ft. garage setbackrequired parking pad per 7.2.1.DFigure 7-7: Detached, Alley Access, Side-facing Garage DETACHEDGARAGEgarage doorSTREET
back of sidewalk
rear property line
alley
side property lineside property lineside setbackside setbackHOUSE
min. 24 ft. from side property line garage faces
min. 6 ft. between garage and main house min. 3 ft. garage setback
min. 3 ft. garage setbackrequired parking pad per 7.2.1.D
Article 7 Garages and Driveways
Sec. 7.2 Residential Garages
7-7 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
D. Front Street Access in Rear Yard
Rear and side yard setbacks for garages, carports,
and other vehicle storage areas that are detached
from the main structure, accessed from the front
street, and located in the rear half of the lot with
the door/opening facing the front or interior side
property line is minimum 3 feet (see Figure 7-9).
7.2.4. Below-Grade Garages
Below-grade garages are permitted for all locations and
orientations established in 7.2.1 and 7.2.2.
7.2.5. Portes-Cocheres
Portes-cocheres may be located in the front half of the
lot and face the front property line. Portes-cocheres
must comply with all setbacks of the subject zoning
district (see Figure 7-10).
GARAGE
PORT COCHERE
garage door
STREET
back of sidewalk
rear property line
side property lineside property lineside setbackHOUSE
side setbackDETACHEDGARAGE
rear setback
min. 6 ft.
min. 4 ft.
garage door
STREET
back of sidewalk
rear property line
side property lineside property lineside setbackside setbackHOUSE
min. 9 ft. max. 15’min. 3 ft.
at front
property
line
min. 1 ft. off side property line
min. 3 ft.
min. 3 ft.
required parking pad per 7.2.1.D
Figure 7-9: Detached Front Street Access, Rear Yard Garage Figure 7-10: Porte Chochere
Article 7 Garages and Driveways
Sec. 7.3 Driveways
7-8 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
Sec. 7.3. Sec. 7.3 Driveways
7.3.1. General Requirements
A. Driveways in Nonresidential Zoning Districts
1. In nonresidential zoning districts, driveway
approaches from a public street may not
exceed 24 feet in width along the lot’s front
property line or 40 feet in width or 30% of the
lot depth, whichever is less, along the lot’s
street-side property line.
2. Surfaces used on any driveway must comply
with the standards on file in the engineering
department and be specified and approved
prior to installation. See the permeability
requirements of Chapter 3, Article 3.100
[Article 3.02, Divisions 2 and 3] of the Code of
Ordinances.
B. Driveways in Residential Districts
Except as otherwise expressly stated in 7.3.2
regarding circular driveways, driveways for
residential districts must comply with the following:
1. All driveways and off-street parking must be
located on the subject lot, on private property.
2. Driveway approaches from a public street to
lots in residential zoning districts, must be at
least 9 feet in width and may not exceed 15 feet
in width, measured at the property line.
3. Driveway approaches from a public street to
lots in residential zoning districts, must be
located at least 3 feet from the interior side
property line at the front property line.
4. Driveways must be set back at least 1-foot from
the interior side property line.
5. Lots in residential zoning districts are allowed
no more than one driveway approach per
public street frontage, unless otherwise
permitted by this subsection and the circular
driveway regulations of 7.3.2. Additional
driveway approaches are permitted if they are
located at least 100 feet from another driveway
approach, measured from centerline to the
centerline of each driveway approach. Multiple
driveways from an alley are permitted.
6. Surfaces used on any driveway must comply
with the standards on file in the engineering
department and be specified and approved
prior to installation. See the Permeability
Requirements of Chapter 3, Article 3.100
[Article 3.02, Divisions 2 and 3] of the Code of
Ordinances.
7. Curb cuts for driveways are not permitted on
corner lots within 35 feet of the intersection of
the projected curb lines at the street corner,
and no portion of the driveway surface may
be constructed within the minimum sight line
as prescribed in Chapter 10, Article 10.2500
[section 12.01.016], of the Code of Ordinances
(see Figure 7-16).
7.3.2. Circular Driveways
A. Applicability
Circular driveways are permitted on all residentially
STREET
back of sidewalkside property lineside property lineside setbackside setbackHOUSE
min. 9 ft. max. 15’min. 3 ft. at front property
line
min. 1 ft.
off side property line
Figure 7-11: Residential District Driveways
STREET
Article 7 Garages and Driveways
Sec. 7.3 Driveways
7-9 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
zoned lots, subject to the regulations of this section
(7.3.2).
B. Circular Driveways with Two Approaches
The following applies to circular driveways with 2
approaches off the same street. See Figure 7-12.
1. Driveway requirements in 7.3.1.B apply.
2. The approaches must be at least 10 feet in width
and may not exceed 12 feet in width, measured at
the property line.
3. Circular driveway approaches on a single lot must
be separated by a minimum distance of 20 feet,
measured between radius points and approaches.
See Figure 7-13 and Figure 7-14 for examples of
side streets with driveways.
4. The inside curve of the circular driveway must be
located a minimum of 7.5 feet from the back of
sidewalk, creating a landscape area of at least 125
square feet in area.
5. Refer to 7.3.2.F for parking on circular driveways.
back of sidewalkside property lineside property lineHOUSE HOUSE
min.
7.5 ft.
min. 3 ft.mi
n
.
2
4
’
r
a
d
i
u
s
min. 20 ft. between drives
width in r.o.w.: min. 10 ft.
max. 12 ft.
Figure 7-12: Circular Driveways with 2 Approaches
back of sidewalk
rear property line
side property linestreet-side property lineside setbackHOUSE
min. 7.5 ft.width in r.o.w.: min. 10 ft. max. 12 ft.min. 35 ft. min. 20 ft. between drivesback of sidewalk
rear property line
side property linestreet-side property lineHOUSE
min. 7.5 ft.min
.
2
4
’
r
a
d
i
u
s
width in r.o.w.: min. 10 ft. max. 12 ft.min. 35 ft. min. 20 ft. between drives min. 20 ft. between drivesSTREET
STREET
STREET
STREETSTREETFigure 7-14: Circular Driveway with Two Approaches on Side Street with Driveway
Figure 7-13: Circular Driveway with Two Approaches on Side Street with Driveway
Article 7 Garages and Driveways
Sec. 7.3 Driveways
7-10 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
C. Circular Driveways on Smaller Lots
The following applies to circular driveways on
smaller lots. See Figure 7-15.
1. Driveway requirements in 7.3.1.B apply, unless
otherwise stated herein.
2. Circular driveway requirements in 7.3.2.A apply,
unless otherwise stated herein.
3. On lots 50 feet or less less than 56 feet in width
at the front property line, the circular driveway
may be located at least 1 foot from abutting
property lines.
4. Parking pads or extensions beyond a 24 foot
radius drive shall be located at least 3 feet from
abutting property lines
5. In the SF-A district, a circular driveway may be
constructed and maintained across 2 adjoining
lots to serve 2 dwellings that share a common
wall if the driveway complies with all applicable
regulations of this section and that the owners
of each dwelling have executed and delivered
to the community development director a
recordable mutual access agreement for the
circular driveway in a form approved by the city
attorney.
D. Circular Driveways on Corner Lots
The following applies to circular driveways with
corner lots. See Figure 7-16.
1. Driveway requirements in 7.3.1.B apply.
2. The approaches must be at least 10 feet in
width and may not exceed 12 feet in width,
measured at the property line.
3. Circular driveway approaches must be located
a minimum of 35 feet from an intersection,
measured from the back of curb of the
perpendicular street..
4. The inside curve of the circular driveway must
be located a minimum of 7.5 feet from the back
of sidewalk, creating a landscape area of at
least 125 square feet in area.
5. Refer to 7.3.2.F for parking on circular
driveways.
back of sidewalk side property lineside property lineside property lineHOUSEHOUSE
min. 7.5 ft.min
.
2
4
’
r
a
d
i
u
s
min. 3 ft.
width: min. 10 ft. max. 12 ft.
min. 20 ft.
between drives
min. 1 ft.
Figure 7-15: Circular Driveways on Lots less than 56-Feet Wide
back of sidewalk
rear property line
side property linestreet-side property lineHOUSE
min. 7.5 ft.
min. 7.5 ft.
width in r.o.w.: min. 10 ft. max. 12 ft.width in r.o.w.: min. 10 ft. max. 12 ft.min. 35 ft. min. 3 ft.
Figure 7-16: Circular Driveways on Corner Lots
Article 7 Garages and Driveways
Sec. 7.3 Driveways
7-11 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
E. Circular Driveways with One Approaches
The following applies to circular driveways with one
approach. See Figure 7-17.
1. Driveway requirements in 7.3.1.B apply.
2. Approach Size. A single approach must be at
least 10 feet in width and may not exceed 20
feet in width.
3. The outside radius of the circle must be a
minimum of 25 feet and the inside radius must
be a minimum of 12 feet.
4. Refer to 7.3.2.F for parking on circular
driveways.
F. Parking and Access
1. Parking areas on circular driveways must be at
least 7.5 feet from back of sidewalk front street
property lines.
2. Parking on circular driveways is permitted in
front and street side setbacks, but such parking
may not be counted toward satisfying minimum
parking requirements.
3. Circular driveways must provide free,
unrestricted ingress and egress and contain
no dead-end or head-in parking areas that
require maneuvering of a vehicle to negotiate
or to utilize.The area between the sidewalk or
property line and the curb line of the abutting
street may not be used for parking including
inset parking, provided that any existing inset
parking may be maintained in good repair by
the owner of the adjacent property.
4. No unpaved surface may be used for parking or
storage of vehicles.
Figure 7-17: Single Approach Circular Drive
HOUSE
min. 7.5 ft.
min.
12 ft
.
min. 25’ radius min. 13’
radius
width in r.o.w.: min. 10 ft. max. 20 ft.
back of sidewalk
Article 7 Garages and Driveways
Sec. 7.3 Driveways
7-12 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
7.3.3. Driveways Located in Street Yards
A. SF, SF-A and D Districts
1. Circular driveways and front-entry driveways
with parking spaces located in the street-
yard setback (up to the building line) are not
included in impermeable surface calculations
for the entire lot. These driveways may be
counted in the impervious surface calculations
for street yards and street setback areas. Refer
to Article 2 for street yard zone regulations.
2. Alternate paving materials expressly include
single-size aggregates, permeable concrete,
permeable asphalt, masonry or natural
stone blocks/pavers, grass pavers, and other
materials authorized by the specific paving
standards promulgated by, and kept on file
in, the community development department
(“paving standards”). Alternate paving materials
must be installed and used in a manner
authorized by the paving standards.
3. Circular and front-entry driveways constructed
with an alternate paving material, must be
retained with masonry curbs on reinforced
concrete footings.
4. One head-in parking space is permitted in the
front yard setback. The parking space must be
located on the subject lot, on private property
and be at least 9 feet in width and 20 feet in
length, measured from the back of sidewalk
onto the lot. The approach to the space must
comply with all requirements of 7.3.1.B. See
Figure 7-18.
B. SF and D Districts
1. Parking spaces that are located parallel to the
front or (corner) side street in the required
street setback must be located at least 15 feet
7.5 feet from the back of sidewalk. Parking
spaces located in the front yard must be
parallel to and set back from the back of
sidewalk a minimum of 15 feet. No more than
2 spaces, with a maximum width of 9-feet each,
may be provided (see Figure 7-19).
2. Flag driveways located in the street setback are
allowed (See Figure 7-19).
back of sidewalkside property lineside property lineside setbackdrivewayHOUSE
min. 7.5 ft.
max. 18 ft.parking spaces
front property lineside property lineside property lineHOUSE
permitted flag drive off circular driveFigure 7-19: Flag Driveway
back of sidewalkside property lineside property line20 ft.9 ft.
Figure 7-18: Front Yard Parking Space Perpendicular to Street
Figure 7-20: Circle Drive with Driveway Extension
8-1 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
Article 8. Fences, Walls and Screening
Sec. 8.1. Sec. 8.1 Applicability
The regulations of this article apply to all fences, walls
and equipment screening installed after December 1,
1980.
Sec. 8.2. Sec. 8.2 Prohibited Locations
8.2.1. A fence, wall, screen or retaining wall may not
encroach upon any public property, right-
of-way or easement except by prior written
approval by the city council, with the consent
of any public utility or other public or private
agency or entity having an interest in or right
to use any such public property, right-of-way,
or easement. Written approval of all affected
public and private entities must be submitted
to the community development director with
the revocable license application.
8.2.2. All fences must be maintained in a vertical
plane so as to not overhang or encroach upon
any public property, right-of-way, or easement.
8.2.3. No portion of a fence, wall, screen, or retain-
ing wall may be constructed or be allowed to
remain in a position that will cause an obstruc-
tion or interference with the minimum sight
line standards of Section 12.01.012 of the Code
of Ordinances, or constitute a visibility hazard
for any street, alley, or sidewalk.
Sec. 8.3. Sec. 8.3 Fences and Walls; General
Regulations
8.3.1. All fence, wall, and screen heights, including
any allowed ornamentation, must be mea-
sured vertically from natural grade along the
nearest property line adjacent to the fence,
wall, or screen. Fences, walls, and screens may
need to step or slope along the property line
in order not to exceed the maximum allowable
height.
8.3.2. Columns, posts or supporting structures may
extend a maximum of 6 inches above the ad-
joining screening surface of a fence or wall.
8.3.3. Lights, lamps, or any type of ornamentation
mounted on any column, post, or support-
ing structure of a fence or wall may extend a
maximum of 12 inches above the adjoining
screening surface of such fence or wall. Such
column, post or supporting structure and
ornamentation shall not exceed a maximum of
9 feet in height.
8.3.4. Any combination or element of fence and
retaining wall may not exceed a maximum of 8
feet in height in any location. To be considered
a retaining wall, the wall must retain earth on
one side. Any portion of the wall that does not
retain earth will be considered part of a fence.
8.3.5. Fences or walls erected or located adjacent
to or abutting on any structure or surface,
constructed in such a manner so as to provide
Sec. 8.1. Applicability .............................................................................................8-1
Sec. 8.2. Prohibited Locations ..............................................................................8-1
Sec. 8.3. Fences and Walls; General Regulations ...............................................8-1
Sec. 8.4. Fences and Walls in Residential Districts.............................................8-2
Sec. 8.5. Fences and Walls in UC, O, GR, RC, SC, C and PD Districts .................8-5
Sec. 8.6. P District Walls ........................................................................................8-5
Sec. 8.7. Construction Fences ...............................................................................8-5
Sec. 8.8. Tennis Court Fences ...............................................................................8-5
Sec. 8.9. Swimming Pool Enclosures ....................................................................8-6
Sec. 8.10. Municipal Facility Fences .......................................................................8-6
Sec. 8.11. Materials ..................................................................................................8-6
Sec. 8.12. Inspection and Maintenance .................................................................8-7
Article 8 Fences, Walls and Screening
Sec. 8.4 Fences and Walls in Residential Districts
8-2 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
a raised or built-up surface higher than the
grade or ground level of the fence line of the
screening portion of a fence or wall, such as,
but not limited to wood decks, patios, berms,
pool decks, etc., may not exceed 8 feet in
height and such height shall not be measured
from any such built-up or raised surface.
8.3.6. Fences and walls located within the buildable
area of the subject lot (i.e., outside required
setbacks) are subject to applicable building
height limits. They are not subject to fence/wall
height limits.
Sec. 8.4. Sec. 8.4 Fences and Walls in
Residential Districts
8.4.1. Front Yard
Fences and walls may not be constructed in the front
yard in residential zoning districts, forward of the front
wall of the main structure, except in the following
circumstances:
A. Decorative metal fencing and masonry walls not
exceeding 5 feet in height, architecturally attached
to the main building and extending not more than
6 feet into the front yard;
B. Edging for flower or landscaping beds that does
not exceed 12 inches in height;
C. Retaining walls and masonry walls not exceeding 2
feet in height above the average natural grade of
the front yard;
D. When a special exception is approved by the board
of adjustment in accordance with Sec. 9.6; or
E. When otherwise expressly authorized in this zoning
ordinance (see 8.4.4).
8.4.2. Side Yard
A. Fences or walls erected along an interior side lot
line (between abutting) properties may not exceed
8 feet in height.
B. Fences or walls erected along a street side lot line
(corner lot) may not exceed 8 feet in height. How-
ever, if the existing grade of the lot slopes toward
the street in such a way that a retaining wall is
necessary, the maximum height of the retaining
wall and fence in the street side yard behind the
front building line may be up to 10 feet in height
when measured from the adjacent grade on the
street side, provided that the fence portion may
not exceed 8 feet in height. Building up the ground
surface or otherwise modifying the grade of a lot
to justify the need for a retaining wall is prohibited.
When fences or walls are built atop retaining walls,
there must be a clear visual demarcation between
the top of the retaining wall and the bottom of the
Figure 8-1: Fence/Wall Height Measurement maximum 8 ft. tall fencemaximum 8 ft. tall fencemaxåimum 8 ft. tall fence and wall combination (10 ft. permitted on street side where retaining wall required per 8.4.2)top of fence additional height permitted for columns, posts, lights, lamps, or ornamentation permitted per 8.3.3
measured from natural grade along the property line (step or slope fence as needed within maximum height)
measured from natural grade along
the property line
Article 8 Fences, Walls and Screening
Sec. 8.4 Fences and Walls in Residential Districts
8-3 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
fence or wall. Such demarcation may be provided
in the form of different materials or a horizontal
break between the retaining wall and the fence or
wall or other technique approved by the communi-
ty development director.
C. Fences or walls erected on sloping ground may be
stepped or constructed to adjust to grade, provid-
ed the maximum height does not exceed 8 feet.
D. Fences or wing walls erected in a required side
setback may not exceed 8 feet in height.
8.4.3. Rear Yard
A. A fence or wall constructed along a rear property
line may not exceed 8 feet in height.
B. When the existing grade of a lot slopes toward an
abutting alley in such a way that a retaining wall
is necessary for construction of a new fence, the
maximum height of the retaining wall and fence
located in the rear yard shall not exceed 10 feet in
height when measured from the abutting grade
on the alley side, provided the fence portion does
not exceed 8 feet in height. Building up the ground
surface or otherwise modifying the grade of a lot to
justify the need for a retaining wall is prohibited.
8.4.4. Special Exception for Front Yard Fences
A. SF-1 District
1. The board of adjustment is authorized to
approve front yard fences on SF-1-zoned
lots, in accordance with the special exception
procedures of Sec. 9.6, if the board of
adjustment determines that the proposed
fence will not be contrary to the public interest
and will comply with all applicable regulations
of this subsection.
2. Front yard fences may be approved only on SF-
1-zoned lots with a minimum area of one acre.
Front Yard Fences per 8.4.1
Interior Side Yard Fences per 8.4.2
Street Side Yard Fences per 8.4.2
Rear Yard Fences per 8.4.3
Figure 8-2: Fences and Walls in Residential Districts
Article 8 Fences, Walls and Screening
Sec. 8.4 Fences and Walls in Residential Districts
8-4 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
3. Front yard fences in SF-1 districts may not
exceed 6 feet in height above grade at any
point.
4. Front yard fences must be constructed with
openings of not less than 50% of the total area
of the fence (maximum 50% opacity).
5. Front yard fences must be dark in color, either
black or dark green.
6. Front yard fences in SF-1 districts must be
constructed of a solid material, except wood or
any wood product.
7. The special exception application for a front
yard fence must be accompanied by a site plan
containing at least the following information:
a. A layout of the fence on the property,
including all gates; and
b. A description of the fence, including
material, colors, and all relevant design
details.
8. The special exception application for a front
yard fence must also be accompanied by a
landscape plan showing that the fence will
be screened from view from any adjoining
property by landscape material greater than
6 feet in height and planted on centers close
enough to maintain a complete screening of the
fence at all points, and including an irrigation
system for such landscape materials, with:
a. A recordable, written covenant executed
by the property owner that the landscape
material will be irrigated and maintained at
all times as a condition to continuance of the
special exception; and
b. Written approval of the design of fence gates
by the University Park Fire Department,
which design must include a plan for access
to the property through such gates in the
event of fire or other emergency.
9. As an alternative to a fence screened by
landscape material, the board of adjustment
may approve an open, wrought-iron or
wrought-iron appearance fence under the
following conditions:
a. The fence must be kept in an “open” state
that is not screened by a landscape barrier
or hedge;
b. The fence must be black or dark green metal
picket fence, with brick column construction;
c. The brick columns must be no greater than
2 feet in width;
d. The fence must be constructed with
openings of not less than 75% of the total
area of the fence (maximum 25% opacity);
e. The fence may not exceed 6 feet in height
above grade at any point;
f. The fence may be installed upon a brick
“knee” or base wall, not exceeding 2 feet in
height.
10. Gates and columns abutting driveways in front
yard areas may not exceed 8 feet in height
above grade, including any light, lamp fixture,
capstone, or other ornamentation mounted on
the top thereof.
B. SF-2 District
1. The board of adjustment is authorized to
approve front yard fences on SF-2-zoned
lots, in accordance with the special exception
procedures of Sec. 9.6, if the board of
adjustment determines that the proposed
fence will not be contrary to the public interest
and will comply with all applicable regulations
of this subsection.
2. Front yard fences may be approved only on SF-
2-zoned lots adjacent to and facing the Dallas
Country Club.
3. Front yard fences may be approved only on
SF-2-zoned lots with a minimum area of 14,500
square feet.
4. Front yard fences may not exceed 8 feet in
height above grade at any point.
5. The fence must be constructed with openings
of not less than 75% of the total area of the
fence (maximum 25% opacity);
6. Front yard fences must be dark in color, either
black or dark green.
Article 8 Fences, Walls and Screening
Sec. 8.5 Fences and Walls in UC, O, GR, RC, SC, C and PD Districts
8-5 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
7. Front yard fences must be constructed of metal
rails and pickets.
8. The special exception application for a front
yard fence must be accompanied by a site plan
containing at least the following information:
a. A layout of the fence on the property,
including all gates; and
b. A description of the fence, including
material, colors, and all relevant design
details.
9. The special exception application for a front
yard fence must be accompanied by written
approval of the design of the fence gates by the
University Park Fire Department, which design
must include a plan for access to the property
through such gates in the event of fire or other
emergency.
8.4.5. Trash and Recyclables Storage
Storage areas for trash and recyclable material
receptacles must be provided in residential districts, as
follows:
A. Storage areas must be located completely on pri-
vate property
B. Storage areas must be unobstructed and have
width of at least 5 feet and a depth of at least 3
feet. The property owner is responsible for provid-
ing a larger unobstructed storage area adequate in
size for the approved trash and recycling recepta-
cles generated by the occupants of the property.
C. Storage areas must be located parallel to and abut-
ting an alley.
D. Storage areas must be installed when a new permit
is issued for the installation of a new fence, or for
the repair of an existing fence.
E. Insets or other areas provided for storage of re-
ceptacles on private property must be completely
unobstructed and easily accessible for collection
from an alley right-of-way.
F. Receptacles must be placed on a level surface, no
more than one foot above the grade of the alley
pavement.
Sec. 8.5. Sec. 8.5 Fences and Walls in UC, O, GR, RC, SC, C and PD Districts
Fences in UC, O, GR, RC, SC, C and PD districts may not
exceed 8 feet in height in rear or side yards and may
not be installed in front yard areas forward of the front
wall of the main building (see also Sec. 3.4).
Sec. 8.6. P District Walls
See 4.4.3.
Sec. 8.7. Sec. 8.7 Construction Fences
8.7.1. Construction fences are required around all
residential sites upon which new construction,
remodeling, alterations or building additions
are occurring.
8.7.2. No signs with a commercial message are per-
mitted on construction fences or barriers.
8.7.3. The community development director is autho-
rized to waive the requirement for residential
construction fences if the director determines
that the proposed remodeling, alteration or
addition will not adversely impact adjoining
properties due to construction debris, traffic or
other associated conditions.
8.7.4. Required construction fences must be at least
6 feet in height, with openings in the fence not
exceeding 6 square inches. The community
development director is authorized to require
that construction fences be of a solid construc-
tion to ensure the safety of the public.
8.7.5. Gates in construction fences, when open, may
not obstruct public sidewalks or alleys and
must be locked when construction activities
are not being conducted.
8.7.6. Temporary construction fences must be
removed upon completion of the exterior of
the facility and removal of construction debris,
before final grading of the lot.
Sec. 8.8. Sec. 8.8 Tennis Court Fences
Fences or walls that exceed 8 feet in height must be set
back from any front, side or rear lot line by at least 2
feet for every one foot that the fence or wall exceeds 8
feet in height.
Article 8 Fences, Walls and Screening
Sec. 8.9 Swimming Pool Enclosures
8-6 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
Sec. 8.9. Sec. 8.9 Swimming Pool Enclosures
A. General
All lot owners and tenants of lots on which a
swimming pool, spa, or hot tub is located must
maintain, at all times, a fence, wall, or other
structure that completely surrounds the swimming
pool, spa, or hot tub. Such fence or wall must
comply with the regulations of this section (see also
5.3.10).
B. Building Permits
1. A building permit must be obtained before
the construction of a swimming pool, spa, or
hot tub and before the installation of a fence
around such pool, spa, or hot tub.
2. As part of the permit procedure, the contractor
of the swimming pool, spa, or hot tub and
the contractor for the fence must sign an
agreement acknowledging that they understand
and agree to the conditions of this section.
3. The property owner must agree, as a condition
of the permit, to:
a. Maintain in good working order the fence,
gates, and doors granting access to the pool
area from the outside, as prescribed in this
section;
b. Authorize city inspectors to make periodic
or special inspections of the pool area to
determine if all provisions of this section are
being maintained; and,
c. Agree to make whatever adjustment,
repairs, or replacement to the fence, gates,
or doors leading to the pool area as required
by the inspector to conform to this section.
C. Regulations
1. A fence, wall or other structure at least 6
feet in height must completely enclose the
swimming pool, spa, or hot tub, and must have
horizontal supporting members located on the
inside or pool side and be designed so as to
not allow children to climb such fence, wall or
structure. A fence, wall or structure enclosing
a swimming pool, spa, or hot tub may not
have any openings, other than doors or gates,
larger than 4 square inches. Fences comprised
primarily of vertical members (i.e. picket type or
wrought iron) may not have openings between
members, measured horizontally, greater than
4 inches.
2. All gates in a fence or wall enclosing a
swimming pool, spa, or hot tub, and leading
into the pool, spa, or hot tub area, must be
single type, personnel gates not exceeding 48
inches in width, and be:
a. Equipped with self-closing and self-latching
devices capable of keeping such gates
securely closed at all times; or
b. Equipped with self-closing and self-latching
devices installed on the gate at least 54
inches above grade.
3. Double gates, sliding gates, or automated gates
across driveways or parking areas do not satisfy
the gate requirements of this section.
Sec. 8.10. Sec. 8.10 Municipal Facility Fences
Fences and walls constructed on or around municipal
facilities may be constructed in the required front
yard and may exceed required heights when deemed
necessary for the safety or protection of the facilities.
Sec. 8.11. Sec. 8.11 Materials
A. Permitted
Except as otherwise expressly stated in this
zoning ordinance, fences, walls, screens, and
retaining walls may be constructed of wood,
masonry, concrete, wrought-iron, or chain-link. The
community development director may approve
the use of alternative materials, provided that the
material offered is at least the equivalent of the
above-prescribed materials in suitability, strength
and durability. The community development
director must require that sufficient evidence or
proof be submitted to substantiate any claims
that may be made regarding use of an alternative
material.
B. Prohibited
No fence, wall, screen, or retaining wall may be
constructed of barbed wire, razor wire, ribbon
wire, sheet metal, wire mesh, or any other similar
Article 8 Fences, Walls and Screening
Sec. 8.12 Inspection and Maintenance
8-7 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
material. No fence, wall, screen, may be electrically
charged.
Sec. 8.12. Sec. 8.12 Inspection and Maintenance
A. Inspections
All fences, walls, screens, or retaining walls must
be inspected upon completion by the building
inspection department. It shall be the duty of the
permit holder to make a request for inspection to
the department within 3 days after the work has
been completed.
B. Maintenance
All fences, walls, screens, or retaining walls
constructed under the provisions of this article
must be maintained so as to comply with the
requirements of this article at all times. Such
structures must be maintained by the owner
or person in charge of the property in as near
as possible the same condition as when such
structure was erected, and must be maintained at a
minimum. as follows:
1. The structure may not be out of vertical
alignment by more than 20 degrees; and
2. All damaged or missing portions of such
structure must be replaced with comparable
materials of a color comparable to the
remaining portions of such structure.
This Page Intentionally Blank
Article 9 Review and Approval Procedures
Sec. 9.1 Common Provisions
9-1 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
Article 9. Review and Approval Procedures
Sec. 9.1. Sec. 9.1 Common Provisions
9.1.1. Applicability
The common procedural provisions of this section apply
to all of the procedures in this article unless otherwise
expressly stated.
9.1.2. Review and Decision-making Authority
Table 9-1 provides a summary of the review and
approval procedures of this article. In the event of
conflict between this summary table and the detailed
procedures contained elsewhere in this article, the
detailed procedures govern.
Table 9-1: Review and Decision-making Authority
Procedure CDD BoA P&Z CC
Zoning Text/Map Amendment R –R*DM*
Specific Use Permit R –R*DM*
Planned Development R –R*DM*
Special Exception R DM*––
Variance R DM*––
Appeal of Administrative Decision –DM*––
Table notes:
R = review and recommending authority
DM = decision-making authority
CDD = community development director
BOA = board of adjustment
P&Z = planning and zoning commission
CC= city council
* = public hearing
9.1.3. Preapplication Meetings
A. Purpose
Preapplication meetings provide an early
(preapplication) opportunity for staff and applicants
to discuss the procedures, standards and
regulations required for development approval
under this zoning ordinance.
B. Applicability
Preapplication meetings are required whenever the
provisions of this zoning ordinance expressly state
that they are required. They are encouraged in all
cases.
C. Scheduling
Preapplication meetings must be scheduled with
community development department staff.
D. Guidelines
The community development director is authorized
to establish guidelines for preapplication meetings,
including information that should be provided and
any available alternatives to face-to-face meetings,
such as telephone conversations and email
correspondence.
9.1.4. Applications and Fees
A. Owner-initiated Applications
Whenever the provisions of this zoning ordinance
allow the filing of an application by the owner of
the subject property, that application must be filed
by all record title owners of the real properties that
are the subject of the application or the property
Sec. 9.1. Common Provisions ...............................................................................9-1
Sec. 9.2. Zoning Ordinance Text Amendments ..................................................9-4
Sec. 9.3. Zoning Map Amendments .....................................................................9-5
Sec. 9.4. Specific Use Permits ...............................................................................9-6
Sec. 9.5. Planned Developments ..........................................................................9-7
Sec. 9.6. Special Exceptions ..................................................................................9-9
Sec. 9.7. Variances ...............................................................................................9-10
Sec. 9.8. Appeals of Administrative Decisions ..................................................9-12
Sec. 9.9. Certificates of Occupancy and Compliance .......................................9-13
Sec. 9.10. Fence and Wall Permits ........................................................................9-13
Article 9 Review and Approval Procedures
Sec. 9.1 Common Provisions
9-2 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
owners’ authorized agent.
B. Form of Application
Applications required under this zoning ordinance
must be submitted in a form and in such numbers
as required by the official responsible for accepting
the application. Applications must include materials
and information to assist authorized review and
decision-making bodies in their consideration of the
application, including at least the following:
1. A list of the names and addresses of all owners
of record of the property that is the subject of
the application; and
2. Maps, plats, surveys, dimensioned site plans,
engineering documents, environmental
reports, traffic studies, and other materials
and information, as required by this zoning
ordinance or application checklists established
by the official responsible for accepting the
application. Application forms and submittal
requirements must be made available to the
general public.
C. Application Filing Fees and Notification Costs
All applications filed by property owner must be
accompanied by the application fee that has been
established by the city council. Application filing
fees are intended to cover the cost of providing
public hearing notices and other administrative
costs relating to reviewing and processing
applications.
D. Application Completeness, Accuracy and Sufficiency
1. An application will be considered complete
and ready for processing only if it is submitted
in the required number and form, includes all
required information and is accompanied by
the required application filing and notification
fees.
2. The official responsible for accepting the
application must make a determination of
application completeness within 10 business
days of application filing.
3. If an application is determined to be
incomplete, the official responsible for
accepting the application must provide notice
to the applicant along with an explanation
of the application’s deficiencies. Notice of an
incomplete application may be provided by
personal service, electronic mail or first-class
mail.
4. No further processing of incomplete
applications will occur and incomplete
applications will be pulled from the processing
cycle. When the deficiencies are corrected, the
application will be placed in the first available
processing cycle. If the deficiencies are not
corrected by the applicant within 60 days,
the application will be deemed to have been
withdrawn.
5. Applications deemed complete will be
considered to be in the processing cycle and
will be reviewed by staff and other review and
decision-making bodies in accordance with
applicable review and approval procedures of
this zoning ordinance.
6. The official responsible for accepting the
application may require that applications or
plans be revised before being placed on an
agenda for possible action if the community
development director determines that:
a. The application or plan contains one or
more significant inaccuracies or omissions
that hinder timely or competent evaluation
of the plan’s/application’s compliance with
zoning ordinance requirements or other
regulations;
b. The application contains multiple minor
inaccuracies or omissions that hinder
timely or competent evaluation of the
plan’s/application’s compliance with
zoning ordinance requirements or other
regulations; or
c. The decision-making body does not have
legal authority to approve the application.
9.1.5. Application Processing Cycles
The community development director and other
officials responsible for accepting applications, after
consulting with review and decision-making bodies,
is authorized to promulgate reasonable cycles and
Article 9 Review and Approval Procedures
Sec. 9.1 Common Provisions
9-3 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
timelines for processing applications, including
deadlines for receipt of complete applications.
9.1.6. Neighbor Communications
A. Neighbor communications are encouraged by the
board of adjustment, planning and zoning commis-
sion and city council to help:
1. Educate applicants and neighbors about one
another’s interests;
2. Resolve issues in a manner that respects those
interests; and
3. Identify unresolved issues before initiation of
formal public hearings.
B. Applicants are encouraged to submit a summary
of their neighbor communication activities at or
before the first required public hearing. The recom-
mended content of such summaries is as follows:
1. Efforts to notify neighbors about the proposal
(how and when notification occurred, and who
was notified);
2. How information about the proposal was
shared with neighbors (mailings, work-shops,
meetings, open houses, fliers, door-to-door
handouts, etc.);
3. Who was involved in the discussions;
4. Concerns raised by neighbors; and
5. What specific changes (if any) were considered
and/or made as a result of the neighbor
communications.
9.1.7. Public Hearing Notices
A. Newspaper Notice
Whenever the procedures of this article require
that newspaper notice be provided, the notice must
be published in the city’s official newspaper or a
newspaper of general circulation within the city.
B. Mailed Notice
Whenever the procedures of this article require that
mailed notice be provided, a written notice must be
sent by United States Postal Service first class mail
to the owner of the subject property and owners
of real property lying within 200 feet of the subject
property. Addresses must be based on the most
recently approved city tax roll.
C. Content of Required Notice
All required public hearing notices must:
1. Indicate the date, time and place of the public
hearing that is the subject of the notice;
2. Describe any property involved in the
application by map, street address or legal
description;
3. Describe the action sought in the application or
proposal;
4. Identify who will conduct the hearing; and
5. Indicate where additional information on the
matter can be obtained.
D. Constructive Notice
1. When the records of the city document the
publication or mailing of notice, as required by
this article, required notice of the public hearing
will be presumed to have been given.
2. Minor defects in required notices will not be
deemed to impair the notice or invalidate
proceedings pursuant to the notice. Minor
defects in notice are limited to errors in a legal
description or typographical or grammatical
errors that do not impede communication
of the notice to affected parties. If questions
arise at the hearing regarding the adequacy of
notice, the hearing body must make a formal
finding about whether there was substantial
compliance with the notice requirements of this
zoning ordinance.
9.1.8. Hearing Procedures
A. At required public hearings, interested persons
must be permitted to submit information and
comments, verbally or in writing. The hearing body
is authorized to establish reasonable rules and reg-
ulations governing the conduct of hearings and the
presentation of information and comments.
B. Once commenced, a public hearing may be con-
tinued by the hearing body. No re-notification is
required if the continuance is set for specified date
and time and that date and time is announced at
the time of the continuance.
C. If a public hearing is continued or postponed for
an indefinite period of time from the date of the
Article 9 Review and Approval Procedures
Sec. 9.2 Zoning Ordinance Text Amendments
9-4 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
originally scheduled public hearing, new public
hearing notice must be given before the resched-
uled public hearing. If the applicant requests and is
granted a continuance or postponement requiring
renotification, the applicant must pay any costs of
renotification.
9.1.9. Action by Review and Decision-Making Bodies
A. In taking action under the procedures of this arti-
cle, review and decision-making bodies must act by
simple majority vote of a quorum, unless otherwise
expressly stated.
B. Review and decision-making bodies may take any
action that is consistent with:
1. The regulations of this zoning ordinance and
state law;
2. Any rules or by-laws that apply to the review or
decision-making body; and
3. The notice that was given.
C. Review and decision-making bodies are authorized
to continue a public hearing or defer action in
order to receive additional information or further
deliberate.
9.1.10. Conditions of Approval
When the procedures of this article authorize
approval with conditions, review bodies, including
staff, are authorized to recommend conditions and
decision-making bodies are authorized to approve the
subject application with conditions. Any conditions
recommended or approved must relate to a situation
likely to be created or aggravated by the proposed use
or development and must be roughly proportional to
the impacts of the use or development.
9.1.11. Decision-Making Criteria; Burden of Proof or Persuasion
Applications must address relevant review and
decision-making criteria. In all cases, the burden is on
the applicant to show that an application or proposal
complies with all applicable review or approval criteria.
9.1.12. Required Time-frames for Action
Any time limit specified in this zoning ordinance for any
decision or action on behalf of a review or decision-
making body may be extended if the applicant agrees
to an extension. Unless otherwise expressly stated, if
a review or decision-making body does not render a
decision or take action within any time period required
under this zoning ordinance and the applicant has not
agreed to an extension of that time limit, the application
is deemed denied.
Sec. 9.2. Sec. 9.2 Zoning Ordinance Text
Amendments
9.2.1. Authority to Initiate
Amendments to the text of this zoning ordinance
may be initiated only by the city council, the planning
and zoning commission or community development
director.
9.2.2. Community Development Director
Review
The community development director must prepare
a report and recommendation on proposed zoning
ordinance text amendments. The report must be
transmitted to the planning and zoning commission
before its public hearing on the proposed amendment.
9.2.3. Planning and Zoning Commission
Hearing and Recommendation
A. The planning and zoning commission must hold a
public hearing on the proposed zoning ordinance
text amendment.
B. Notice of the planning and zoning commission’s
public hearing on a zoning ordinance text amend-
ment must be published at least 10 days before the
public hearing, in accordance with 9.1.7.
C. Following the close of the public hearing, the
planning and zoning commission must act to
recommend that the proposed text amendment be
approved, approved with modifications, or denied
and transmit its report and recommendations
to the city council. Motions to approve, approve
with modifications or deny zoning ordinance text
amendments may be approved by a simple majori-
ty vote of a quorum.
9.2.4. City Council Hearing and Action
A. Following receipt of the planning and zoning
commission’s report and recommendation, the city
Article 9 Review and Approval Procedures
Sec. 9.3 Zoning Map Amendments
9-5 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
council must hold a public hearing on the proposed
zoning ordinance text amendment.
B. Notice of the city council’s public hearing on a zon-
ing ordinance text amendment must be published
at least 15 days before the public hearing, in accor-
dance with 9.1.7.
C. Following the close of the public hearing, the city
council must act to approve the proposed zoning
ordinance text amendment, approve the proposed
text amendment with modifications or deny the
proposed text amendment. The city council is also
authorized to remand the proposed text amend-
ment back to the planning and zoning commission
for further consideration. Zoning ordinance text
amendments may be approved by a simple majori-
ty vote of a quorum.
9.2.5. Review and Approval Criteria
The decision to amend the zoning ordinance text is a
matter of legislative discretion that is not controlled by
any one standard. In making recommendations and
decisions about zoning ordinance text amendments,
review and decision-making bodies must consider all
relevant factors, including at least the following:
A. Whether the proposed text amendment is in con-
formity with city policy and the public interest; and
B. Whether the proposed zoning ordinance text
amendment corrects an error or inconsistency or
is necessary or desirable to meet the challenge of a
changed or changing condition and is in the public
interest.
Sec. 9.3. Sec. 9.3 Zoning Map Amendments
9.3.1. Authority to Initiate
Amendments to the zoning map may be initiated only
by the city council, the planning and zoning commission
or the owner of the real property that is the subject of
the proposed zoning map amendment or by the subject
property owner’s authorized agent.
9.3.2. Owner-initiated Applications
Property owner-initiated applications for approval
of a zoning map amendment must be filed with the
community development director.
9.3.3. Community Development Director Review
Following receipt of a complete zoning map
amendment application or other initiation of zoning
map amendment, the community development director
must prepare a report and recommendation on the
proposed zoning map amendment. The report must
be transmitted to the planning and zoning commission
before its public hearing on the proposed amendment.
9.3.4. Planning and Zoning Commission Hearing and Recommendation
A. The planning and zoning commission must hold a
public hearing on the proposed zoning ordinance
text amendment.
B. Notice of the planning and zoning commission’s
public hearing on a zoning map amendment must
be published and mailed at least 10 days before
the public hearing, in accordance with 9.1.7.
C. Following the close of the public hearing, the plan-
ning and zoning commission must act to recom-
mend that the proposed zoning map amendment
Figure 9-1: Zoning Map Amendment Process (Generally)
Article 9 Review and Approval Procedures
Sec. 9.4 Specific Use Permits
9-6 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
be approved, approved with modifications, or de-
nied and transmit its report and recommendations
to the city council. Motions to approve, approve
with modifications or deny zoning map amend-
ments may be approved by a simple majority vote
of a quorum.
9.3.5. City Council Hearing and Action
A. Following receipt of the planning and zoning
commission’s report and recommendation, the city
council must hold a public hearing on the proposed
zoning map amendment.
B. Notice of the city council’s public hearing on a zon-
ing map amendment must be published at least 15
days before the public hearing, in accordance with
9.1.7.
C. Following the close of their public hearing, the city
council must act to approve the proposed zoning
map amendment, approve the proposed amend-
ment with modifications, including approval of a
less intensive zoning district, or deny the proposed
amendment. The city council is also authorized to
remand the proposed zoning map amendment
back to the planning and zoning commission for
further consideration.
D. Zoning map amendments may be approved by a
simple majority vote of a quorum, except as stated
in 9.3.6.
9.3.6. Protest Petitions
A. If a valid protest petition is filed against any
proposed zoning map amendment, passage of
the zoning map amendment by the city council
requires a favorable vote of three-fourths of the
members of the entire city council.
B. A protest petition will be deemed valid if it is signed
by any of the following:
1. The owners of 20% or more of the area of
the lots included in proposed zoning map
amendment area; or
2. The owners of 20% or more of the area of the
lots within 200 feet of the exterior boundaries
of the area included in the proposed zoning
map amendment area.
C. A written protest petition opposing a zoning map
amendment must be submitted to the communi-
ty development director at least 3 business days
before the city council’s vote.
9.3.7. Review and Approval Criteria
The decision to amend the zoning map is a matter of
city council discretion that is not controlled by any single
standard or criterion. In making recommendations
and decisions on zoning map amendments, review
and decision-making bodies must consider all relevant
factors, including at least the following:
A. Whether the proposed zoning map amendment is
consistent with the policy and intent of comprehen-
sive plan; and
B. Whether the proposed zoning map amendment
corrects an error or inconsistency or is necessary
or desirable to meet the challenge of a changed or
changing condition and is in the public interest.
9.3.8. Successive Applications
If a zoning map amendment application has been
denied by the city council, no new zoning map
amendment application that includes all or part of the
same property may considered by planning and zoning
commission or the city council for at least one year from
the date of final action by the city council, unless the city
council finds that conditions have changed or that the
application involves different considerations from the
previous application and thereby justifies a waiver of
the time period prior to a new application.
Sec. 9.4. Sec. 9.4 Specific Use Permits
9.4.1. Authority to File
Applications for approval of a specific use permit (SUP)
may be filed only by the subject property owner or the
subject property owner’s authorized agent.
9.4.2. Application Filing
Applications for approval of an SUP must be filed with
the community development director.
9.4.3. Community Development Director Review
Following receipt of a complete SUP application, the
community development director must prepare a
report and recommendation on the proposed SUP. The
Article 9 Review and Approval Procedures
Sec. 9.5 Planned Developments
9-7 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
report must be transmitted to the planning and zoning
commission before its public hearing on the proposal.
9.4.4. Planning and Zoning Commission Hearing and Recommendation
A. The planning and zoning commission must hold a
public hearing on the proposed specific use permit.
B. Notice of the planning and zoning commission’s
public hearing must be mailed at least 10 days be-
fore the public hearing, in accordance with 9.1.7.
C. Following the close of the public hearing, the
planning and zoning commission must act to
recommend that the proposed SUP be approved,
approved with conditions, or denied and transmit
its report and recommendations to the city council.
Motions to approve, approve with conditions or
deny requested specific use permits may be ap-
proved by a simple majority vote of a quorum.
9.4.5. City Council Hearing and Action
A. Following receipt of the planning and zoning
commission’s report and recommendation, the city
council must hold a public hearing on the proposed
specific use permit.
B. Notice of the city council’s public hearing must be
published at least 15 days before the public hear-
ing, in accordance with 9.1.7.
C. Following the close of their public hearing, the city
council must act to approve the proposed SUP,
approve the proposed SUP with conditions, or
deny the proposed SUP. The city council is also
authorized to remand the SUP application back to
the planning and zoning commission for further
consideration.
D. Specific use permit applications may be approved
by a simple majority vote of a quorum.
9.4.6. Review and Approval Criteria
A specific use permit may be approved by the city
council upon a determination that the following criteria
are met:
A. The proposed use in the proposed location is in
keeping with purposes of this zoning ordinance;
and
B. The proposed use will not be injurious to the neigh-
borhood or otherwise detrimental to the public
welfare.
9.4.7. Successive Applications
If a specific use permit application has been denied by
the city council, no new SUP application that includes
all or part of the same property may considered by
planning and zoning commission or the city council for
at least one year from the date of final action by the
city council, unless the city council finds that conditions
have changed or that the application involves different
considerations from the previous application and
thereby justifies a waiver of the time period prior to a
new application.
9.4.8. Mapping of Specific Use Permits
All specific use permits approved in accordance with the
provisions of this zoning ordinance must be referenced
on the zoning map and a list of such permits must be
maintained and be available for public inspection in the
office of the community development director.
Sec. 9.5. Sec. 9.5 Planned Developments
9.5.1. Overview
A. Planned developments are approved through the
concurrent approval of:
1. A PD (planned development) district zoning
map amendment, in accordance with the
zoning map amendment procedures of Sec. 9.3;
and
2. A conceptual site plan in accordance with the
procedures of this section.
B. Approval of a detailed site plan is required after
approval of the PD zoning map amendment and
conceptual site plan.
9.5.2. Conceptual Site Plans
A. General
Conceptual site plans serve to establish the overall
development plan for the planned development
and provide the regulatory framework (e.g., allowed
uses, densities, floor area, building heights, and
overall site design) for future development of the
property.
Article 9 Review and Approval Procedures
Sec. 9.5 Planned Developments
9-8 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
B. Preapplication Meeting
Before submitting an application for a PD rezoning,
the applicant must schedule a meeting with the
community development director to discuss the
proposed project and the required process (see
9.1.3)
C. Application Filing
Complete applications for conceptual site plan
approval must be filed with the community
development director at the same time that the
PD zoning map amendment application is filed.
The zoning map amendment procedures of Sec.
9.3 apply to PD zoning map amendments and PD
conceptual site plans except as expressly modified
by the PD approval procedures of this section.
D. Application Contents
An application for a PD district rezoning and
conceptual site plan must contain all items of
information specified in the preapplication meeting
and include at least the following information:
1. Use categories and/or specific uses;
2. Streets and alleys, proposed and existing;
3. Lot arrangements, if applicable;
4. Building footprints;
5. Building heights;
6. Layout and description of vehicular access and
parking, including a breakdown of required
parking by use category;
7. Topographical or spot elevations of the site;
8. Pertinent physical features of the site, if any;
9. Any proposed building or buildings including
distances from property lines;
10. General landscape development plans;
11. General elevations of proposed buildings;
12. General description of the site, including area,
dimensions and surroundings;
13. Signage as appropriate; and
14. Traffic impact studies if deemed necessary by
the community development director.
E. Planning and Zoning Commission Hearing and Recommendation
See 9.3.4.
F. City Council Hearing and Action
See 9.3.5.
G. Review and Approval Criteria
See 9.3.7.
H. Lapse of Approval
1. Unless a longer time period or a phasing
plan is approved at the time of approval of a
conceptual site plan, a complete application
for detailed site plan approval must be filed
within 1 year of the date of conceptual site
plan approval. If an application for detailed
site plan approval is not filed within the
required time period, no further detailed
site plans may be approved for the project
until the subject property owner has filed
the original or amended conceptual site plan
for re-review and reconsideration by the
planning and zoning commission and city
council. Such re-review and reconsideration
must follow the conceptual site plan review
procedures of this zoning ordinance. Following
re-review and reconsideration, the planning
and zoning commission is authorized to
recommend and the city council is authorized
to approve any of the following actions based
on surrounding land use patterns and other
relevant information presented at the time of
reconsideration by the planning and zoning
commission and city council:
a. An extension of time for filing a detailed site
plan; or
b. An amendment to the approved PD
conceptual site plan or rezoning to another
zoning district in accordance with the zoning
map amendment procedures of Sec. 9.3.
2. For projects to be developed in phases, phase
limits must be shown on the conceptual site
plan and approved by the city council. The
city council may impose conditions upon the
phasing plan as deemed necessary to ensure
orderly development, including requirements
for financial guarantees ensuring construction
of all required improvements.
Article 9 Review and Approval Procedures
Sec. 9.6 Special Exceptions
9-9 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
9.5.3. Detailed Site Plans
A. Before the issuance of any building permits for
development within an approved PD district, a
detailed site plan must be submitted for approv-
al, except that in cases where the conceptual site
plan is deemed adequate, the planning and zoning
commission may recommend a waiver of the
requirement for a detailed site plan. At the time the
amending ordinance is approved by the city coun-
cil, any conditions of such waiver must be expressly
identified.
B. The detailed site plan must include final plans for
development within planned development dis-
trict and conform to the approved conceptual site
plan. Approval of the detailed site plan must occur
before issuance of any building permits within the
districts.
C. The detailed site plan may be submitted for the
total area of the PD district or for any section
or phase approved on the conceptual site plan.
Unless the requirement for a detailed site plan is
waived, the detailed site plan must be reviewed by
the planning and zoning commission and approved
by the city council, but no public hearings are
required.
D. The detailed site plan must include all of the in-
formation required for conceptual site plans, with
additional detail as required by the community
development director to allow for a competent
and thorough review. The detailed site plan must
be a scaled drawing with adequate dimensions to
assure compliance with the amending ordinance.
It must also include expanded information regard-
ing utility locations, utility easements, size of utility
lines, dimensioned locations of ingress and egress,
and an accurate topographical survey of the tract
with contour intervals of not more than 5 feet.
E. The detailed site plan must locate the proposed
buildings, showing the location of the buildings on
the site and the distances between buildings and
other buildings, if any, property lines, street lines
and alleys. In addition, the detailed site plan must
include scaled drawings of the provisions for off-
street parking.
F. The detailed site plan must expand the landscape
development plan to include special site construc-
tion, special paving, street furniture, lighting, site
signage, screening walls, ornamental planting, and
types and location of trees to be planted.
G. As a supplemental document to the detailed site
plan, architectural plans showing the elevations
of the buildings must be submitted and approved
with the detailed site plan.
H. After approval of the detailed site plan, changes of
detail that do not materially alter the basic rela-
tionship of the proposed development to adjacent
property and that do not alter the uses permitted
may be authorized by the community development
director.
9.5.4. Phased Development
If deemed appropriate by the city council, PD districts
may be developed in phases or sections. When phasing
is desired, the applicant must submit the proposed
phasing plan with the PD rezoning application and
conceptual site plan. A detailed site plan for each phase
must be submitted and reviewed by the planning and
zoning commission and approved by the city council.
The initial phase must include provisions for all utilities,
thoroughfares, alleys and streets for the entire PD
district unless otherwise expressly the city council.
9.5.5. Mapping of PD Districts
All PD districts approved in accordance with the
provisions of this zoning ordinance must be referenced
on the zoning map and a list of such districts must be
maintained and be available for public inspection in the
office of the community development director.
Sec. 9.6. Sec. 9.6 Special Exceptions
9.6.1. Authorized Special Exceptions
Only those special exceptions expressly authorized
in this zoning ordinance may be approved as special
exceptions.
9.6.2. Authority to File
Applications for special exception approval may be filed
only by the owner of the subject property or by the
property owner’s authorized agent.
Article 9 Review and Approval Procedures
Sec. 9.7 Variances
9-10 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
9.6.3. Application Filing
Complete applications for special exceptions must be
filed with the community development director.
9.6.4. Community Development Director Review
Following receipt of a complete application, the
community development director must prepare a
report on the requested special exception. The report
must be transmitted to the board of adjustment before
their required public hearing.
9.6.5. Board of Adjustment Hearing and Decision
A. The board of adjustment must hold a public hear-
ing on the special exception request.
B. Notice of the board of adjustment’s public hearing
must be given to all parties in interest and pub-
lished and mailed at least 10 days before the public
hearing, in accordance with 9.1.7.
C. Following the close of the public hearing, the board
of adjustment must act to approve the requested
special exception, approve the special exception
with conditions, or deny the special exception
request based on the applicable standards and
review criteria of 9.6.6.
D. Approval of a special exception requires an affir-
mative vote of at least 4 members of the board of
adjustment.
E. In approving a special exception, the board of ad-
justment is authorized to impose such conditions
and restrictions as the board determines to be
necessary to ensure compliance with the standards
and criteria of 9.6.6, to reduce or minimize the
effect of the special exception upon other proper-
ties in the area, and to better carry out the general
purpose and intent of this zoning ordinance.
9.6.6. Standards and Review Criteria
A special exception may be approved by the board of
adjustment only if the board determines that all of the
following criteria are met:
A. The special exception is expressly authorized under
this zoning ordinance and satisfies applicable stan-
dards for approval;
B. The development or activity allowed by the special
exception will be in keeping with purposes of this
zoning ordinance; and
C. The proposed special exception will not be injuri-
ous to the neighborhood or otherwise detrimental
to the public welfare.
9.6.7. Filing and Effect of Decisions
A. Written decisions of the board of adjustment must
be filed promptly following the board’s action and
be open to public inspection. Written decisions
must describe the action taken, the vote of each
board member participating and the reasons for
such action, specifying the manner in which the
applicant satisfied or failed to satisfy each of the
applicable standards and review criteria of 9.6.6.
B. The board of adjustment’s decision on a special
exception becomes final and effective after the
board’s written decision is filed in the board office.
9.6.8. Transferability
Approved special exceptions run with the land and
are not affected by changes of tenancy, ownership, or
management.
9.6.9. Amendments
A request for changes in the specific nature of
the approved special exception or changes to any
conditions attached to an approved special exception
must be processed as a new application, including all
requirements for fees, notices and public hearings.
9.6.10. Appeals
Appeals of board of adjustment decisions are taken to
court in accordance with 10.1.4-H.
Sec. 9.7. Sec. 9.7 Variances
9.7.1. Intent
A variance is a grant of relief to a property owner from
strict compliance with the regulations of this zoning
ordinance when such relief would not be contrary
to the public interest, and when, due to the special
conditions of the subject property, literal enforcement
of the zoning ordinance would result in an unnecessary
hardship. The intent of a variance is not to simply
remove an inconvenience or financial burden, but
rather to alleviate an unnecessary hardship that would
Article 9 Review and Approval Procedures
Sec. 9.7 Variances
9-11 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
result if strict compliance with one or more zoning
regulations was required.
9.7.2. Authorized Variances
The board of adjustment is authorized to grant a
variance to any regulation in this zoning ordinance in
accordance with the variance procedures of this section,
except that the variance procedures may not be used to
do any of the following:
A. Allow a principal or an accessory use in a zoning
district that is not otherwise allowed in that zoning
district (i.e., “use variances” are prohibited);
B. Allow an accessory use on a lot that is not occupied
by the principal use that such accessory use serves;
C. Waive, modify or amend any definition or use
classification;
D. Waive, modify or otherwise vary any of the review
and approval procedures of this zoning ordinance;
E. Waive, vary, modify or otherwise override a con-
dition of approval or requirement imposed by an
authorized decision-making body or the state or
federal government; or
F. Waive, vary or modify applicable residential density
regulations, provided that this provision is not
intended to prohibit variances to minimum lot area
or width requirements that apply to lots occupied
by a single dwelling unit.
9.7.3. Authority to File
Variance applications may be filed only by the owner
of the subject property or by the property owner’s
authorized agent.
9.7.4. Application Filing
Complete applications for variances must be filed with
the community development director.
9.7.5. Community Development Director Review
Following receipt of a complete application, the
community development director must prepare a
report on the requested variance. The report must
be transmitted to the board of adjustment before the
required public hearing.
9.7.6. Board of Adjustment Hearing and Decision
A. The board of adjustment must hold a public hear-
ing on the variance request.
B. Notice of the board of adjustment’s public hearing
must be given to all parties in interest and pub-
lished and mailed at least 10 days before the public
hearing, in accordance with 9.1.7.
C. Following the close of the public hearing, the board
of adjustment must make its findings and act to
approve the requested variance, approve the vari-
ance with conditions, or deny the variance request
based on the applicable standards and review
criteria of 9.7.7.
D. Approval of a variance requires an affirmative vote
of at least 4 members of the board of adjustment.
E. In approving a variance, the board of adjustment is
authorized to impose such conditions and restric-
tions as the board determines to be necessary to
ensure compliance with the standards and criteria
of 9.7.7, to reduce or minimize the effect of the
variance upon other properties in the area, and to
better carry out the general purpose and intent of
this zoning ordinance.
F. Decisions of the board of adjustment must be sup-
ported by a written testimony or evidence.
9.7.7. Standards and Review Criteria
No variance may be approved unless the board of
adjustment determines that all of the following facts
have been established by the owner of the subject
property:
A. Literal enforcement of the ordinance will result in
an unnecessary hardship;
B. The hardship is not self-imposed or of the subject
property owner’s own making;
C. The condition is unique to the subject property and
not common to other properties within the area;
D. The variance, if granted, will not alter the essential
character of the neighborhood or otherwise have a
significant negative impact on adjacent properties;
E. The requested variance, if granted, will not be
contrary o the public interest or to orderly develop-
ment in the area.
Article 9 Review and Approval Procedures
Sec. 9.8 Appeals of Administrative Decisions
9-12 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
9.7.8. Filing and Effect of Decisions
A. Written decisions of the board of adjustment must
be filed promptly following the board’s action and
be open to public inspection. Written decisions
must describe the action taken, the vote of each
board member participating and the reasons for
such action, specifying the manner in which the
applicant satisfied or failed to satisfy each of the
applicable standards and review criteria of 9.7.7.
B. The board of adjustment’s decision on a variance
becomes final and effective after the board’s writ-
ten decision is filed in the board office.
9.7.9. Transferability
Approved variances run with the land and are not
affected by changes of tenancy, ownership, or
management.
9.7.10. Amendments
A request for changes in the specific nature of the
approved variance or changes to any conditions
attached to an approved variance must be processed as
a new variance application, including all requirements
for fees, notices and public hearings.
9.7.11. Appeals
Appeals of board of adjustment decisions are taken to
court in accordance with 10.1.4.H.
Sec. 9.8. Sec. 9.8 Appeals of Administrative Decisions
9.8.1. Authority
Except as otherwise expressly stated in this zoning
ordinance, the board of adjustment is authorized to
hear and decide all appeals where it is alleged there has
been an error in any order, requirement, decision or
determination made by the community development
director or any other administrative official in the
administration, interpretation or enforcement of this
zoning ordinance.
9.8.2. Right to Appeal
Appeals of administrative decisions may be filed by
any person aggrieved by the administrative official’s
decision or action. The board of adjustment is
authorized to make determinations about whether
individuals filing appeals are “aggrieved” by the decision
or action.
9.8.3. Application Filing
Appeals of administrative decisions must be filed with
the community development director within 15 days of
the date of the decision being appealed.
9.8.4. Effect of Filing
The filing of a complete notice of appeal stays all
proceedings in furtherance of the action appealed,
unless the community development director or the
administrative official who made the decision being
appealed certifies to the board of adjustment, after
the appeal is filed, that, because of facts stated in the
certification, a stay would cause immediate peril to
life or property, in which case the proceedings will not
be stayed unless by a restraining order, which may be
granted by the board of adjustment or by a court of
record based on due cause shown.
9.8.5. Record of Decision
Upon receipt of a complete application of appeal,
the community development director or other
administrative official whose decision is being appealed
must transmit to the board of adjustment all papers
constituting the record related to decision being
appealed
9.8.6. Hearing and Final Decision
A. The board of adjustment must hold a public hear-
ing on the appeal.
B. Notice of the board of adjustment’s public hearing
must be given to all parties in interest and pub-
lished and mailed at least 10 days before the public
hearing, in accordance with 9.1.7.
C. Following the close of the public hearing, the board
of adjustment must make its findings and take
action on the appeal.
D. In exercising the appeal power, the board of ad-
justment has all the powers of the administrative
official from whom the appeal is taken. The board
of adjustment may affirm or may, upon the concur-
ring vote of at least 4 members, reverse, wholly or
in part, or modify the decision being appealed.
E. In acting on the appeal, the board of adjustment
must grant to the official’s decision a presumption
Article 9 Review and Approval Procedures
Sec. 9.9 Certificates of Occupancy and Compliance
9-13 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
of correctness, placing the burden of persuasion of
error on the appellant.
9.8.7. Review Criteria
The decision being appealed may be reversed or wholly
or partly modified only if the board of adjustment finds
that the community development director or other
administrative official erred.
9.8.8. Appeals
Appeals of board of adjustment decisions are taken to
court in accordance with 10.1.4.H.
Sec. 9.9. Sec. 9.9 Certificates of Occupancy and
Compliance
9.9.1. Applicability
A certificate of occupancy and compliance must be
obtained before any nonresidential building or site is
used, occupied, or changed to another use.
9.9.2. Issuance
Applications for certificates of occupancy and
compliance must be submitted to the community
development director. The community development
director is authorized to issue the requested certificate
of occupancy and compliance after determining that the
use, occupancy, or change in use has been completed
in full compliance with all applicable regulations. The
certificate must be posted in a public location in the
place of business.
9.9.3. Record
A record of all certificates of occupancy and compliance
must be maintained in the office of the community
development director and be available for public
inspection during normal office hours.
Sec. 9.10. Sec. 9.10 Fence and Wall Permits
A. A fence or wall permit must be obtained for all new
fences and walls and for any repair or replacement
of a fence or wall that affects more than 25% of the
total existing fence or wall length on any one side.
Retaining walls less than 48 inches in height are
exempt from this permit requirement.
B. Plans and specifications for all installation, repair
or replacement of fences, walls and retaining walls
must be submitted to the community development
director. Applications for retaining walls more than
3 feet in height must be accompanied by a detailed
drawing of the construction of the wall, signed and
sealed by a professional engineer registered in
Texas.
C. If the application and the accompanying plans and
specifications comply with all applicable regula-
tions, the community development director must
issue the permit. Fence or wall permits must be
reviewed and approved, or disapproved with a
statement of the reasons for disapproval, by the
community development director within 10 days of
receipt of a complete fence or wall permit applica-
tion.
This Page Intentionally Blank
10-1 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
Article 10. Administration and Enforcement
Sec. 10.1. Sec. 10.1 Review and Decision-Making Bodies
10.1.1. City Council
A. Powers and Duties
The city council has the powers and duties
expressly set forth in this zoning ordinance,
including hearing and taking final action on the
following:
1. Specific use permits;
2. Planned development districts;
3. Zoning ordinance text amendments; and
4. Zoning map amendments.
B. Appointments
The city council is responsible for appointing and
removing members of the planning and zoning
commission and board of adjustment.
10.1.2. Planning and Zoning Commission
A. Powers and Duties
1. The planning and zoning commission has the
powers and duties expressly set forth in this
zoning ordinance as well as:
a. All the powers and duties of the zoning
commission, as set forth in Section 211.007
of the Texas Local Government Code; and
b. All the powers and duties of the planning
commission as set forth in Chapter 212 of
the Texas Local Government Code.
2. The planning and zoning commission acts as
an advisory board to the city council relating
to public improvements; civic improvements;
city planning; opening, widening and changing
of streets; routing of public utilities; controlling
and regulating traffic on public streets and
ways; and such other matters relating to city
improvements as the planning and zoning
commission and the city council may deem
beneficial.
3. The planning and zoning commission is
empowered to make its own rules and
regulations governing the platting of
new subdivisions, or the replatting of old
undeveloped subdivisions, and also has the
power to vary those regulations when, in its
judgment, it is necessary in order to ensure
appropriate development of the subject area.
B. Required Public Hearings
Before entering any orders affecting the property
rights of any person, the planning and zoning
commission must conduct a public hearing. At such
public hearing, any and all persons have a right to
appear and object to the proposed order or action
of the planning and zoning commission.
10.1.3. Community Development Director
A. Powers and Duties
The community development director has the
powers and duties expressly set forth in this zoning
ordinance, including the following:
1. To administer and enforce the provisions of this
zoning ordinance;
2. To conduct inspections of buildings, structures
and uses of land to determine compliance with
the provisions of this zoning ordinance;
3. To issue certificates of occupancy and
compliance;
4. To make written interpretations of this zoning
ordinance;
5. To act on fence and retaining wall permits;
6. To process all applications for development
approval under the procedures of Article 9;
Sec. 10.1. Review and Decision-Making Bodies ..................................................10-1
Sec. 10.2. Violations, Penalties and Enforcement ..............................................10-3
Sec. 10.3. Nonconformities ...................................................................................10-5
Article 10 Administration and Enforcement
Sec. 10.1 Review and Decision-Making Bodies
10-2 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
7. To review and make recommendations on:
a. Special exceptions;
b. Specific use permits;
c. Planned development districts;
d. Zoning ordinance text amendments; and
e. Zoning map amendments.
8. To approve amending and minor plats.
B. Appeals
Decisions of the community development director
related to administration and enforcement of this
ordinance are subject to the procedures of Sec. 9.8.
10.1.4. Board of Adjustment
A. Organization, Appointment and Terms
The board of adjustment consists of 5 members,
each to be appointed by the city council for a term
of 2 years. Board of adjustment members may be
removed by the city council for cause upon written
charges and after public hearing.
B. Vacancies
Vacancies on the board of adjustment must be
filled for the unexpired term of any member whose
place becomes vacant.
C. Alternates
The city council may appoint 4 alternate members
of the board of adjustment to serve in the absence
of one or more of the regular members when
requested to do so by the community development
director, so that all cases to be heard can be
heard by a minimum of at least 4 members. The
regulations governing appointment, terms, removal
and vacancies for alternate members are the same
as apply to regular board of adjustment members.
D. Rules
The board of adjustment must adopt rules to
govern its proceedings. The board’s rules must be
consistent with this zoning ordinance and state law.
E. Meetings and Procedures
1. Meetings of the board of adjustment are held
at the call of the chair and at such other times
as the board may determine. The chair, or
in the chair’s absence, the acting chair, may
administer oaths and compel the attendance of
witnesses.
2. All meetings of the board of adjustment must
be open to the public.
3. The board of adjustment must keep records
of its proceedings and official actions. Records
must indicate the vote of each member on each
question (including absences and abstentions),
all of which must be open public records on file
in the office of the board of adjustment.
F. Powers and Duties
The board of adjustment has the powers and
duties that are expressly identified in this zoning
ordinance, including hearing and acting on
applications for special exceptions, variances and
appeals of administrative decisions.
G. Actions
The affirmative vote of 4 members of the board
of adjustment is required to revise any order,
requirement, decision or determination of the
community development director, or to decide
in favor of the applicant on a special exception,
variance of other matter upon which it is required
to act under this zoning ordinance.
H. Appeals of Board Decisions
Any person or persons, jointly or severally,
aggrieved by any decision of the board of
adjustment, or any taxpayer or any officer,
department or board of the city may present to
a court of competent jurisdiction a petition, duly
verified, setting forth that such decision is illegal,
in whole or in part, specifying the grounds of the
illegality. Such petition must be presented to the
court within 10 days after the filing of the decision
in the office of the board of adjustment.
I. Lapse of Approval
When the board of adjustment authorizes a
building permit to be granted as a result of its
action on a special exception, variance or other
matter, such authorization lapses and has no
further effect if a complete application for such
building permit is not filed within 90 days from the
effective date of the board’s decision to authorize
the permit, unless the board of adjustment
expressly authorizes a longer period of time at the
time of its hearing.
Article 10 Administration and Enforcement
Sec. 10.2 Violations, Penalties and Enforcement
10-3 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
Sec. 10.2. Sec. 10.2 Violations, Penalties and Enforcement
10.2.1. Responsibility for Enforcement
The community development director and any other
officials or agencies designated by the city manager
have responsibility for enforcing this zoning ordinance.
All departments, officials, agencies and employees
vested with the authority to review, recommend or
issue development approvals, permits or licenses must
act in accordance with the provisions of this zoning
ordinance.
10.2.2. Violations
Unless otherwise expressly allowed by this zoning
ordinance or state law, any violation of a provision of
this zoning ordinance—including any of the following—
is subject to the remedies and penalties provided for in
this zoning ordinance:
A. To use land, buildings or other structures in any
way not consistent with the requirements of this
zoning ordinance;
B. To erect a building or other structure in any way
inconsistent with this zoning ordinance
C. To engage in the use of a building, structure or
land, or any other activity that require permits or
approvals under this zoning ordinance without
obtaining such permits or approvals;
D. To engage in the use of a building, structure or
land, or any other activity for which a permit or
approval has been granted under this zoning
ordinance or under previous zoning ordinances of
the city in any way inconsistent with such permit or
approval or any conditions imposed on the permit
or approval;
E. To violate the terms of any permit or approval
granted under this zoning ordinance or under pre-
vious zoning ordinances of the city or any condition
imposed on the permit or approval;
F. To obscure, obstruct or destroy any notice required
to be posted under this zoning ordinance;
G. To violate any lawful order issued by any autho-
rized public official; or
H. To continue any violation after receipt of notice of
a violation.
10.2.3. Continuing Violations
Each day that a violation continues constitutes a
separate violation of this zoning ordinance.
10.2.4. Remedies and Enforcement Powers
The city has all remedies and enforcement powers
allowed by law, including, without limitation, all of those
identified in this section.
A. Fines
Any person violating any provisions of this zoning
ordinance or failing to comply with any of its
requirements may be fined, upon conviction, an
amount not to exceed $2,000 per day.
B. Withhold Permit
1. The community development director may
deny or withhold all permits, certificates or
other forms of authorization on any land or
structure or improvements upon which there
is an uncorrected violation of a provision of
this zoning ordinance or of a condition or
qualification of a permit, certificate, approval
or other authorization previously granted by
the city. This enforcement provision may be
used regardless of whether the current owner
or applicant is responsible for the violation in
question.
2. Instead of withholding or denying a permit
or other authorization, the community
development director may grant such
authorization subject to the condition that the
violation be corrected.
C. Revoke Permits
1. A permit, certificate or other form of
authorization required under this zoning
ordinance may be revoked by the community
development director when the community
development director determines:
a. That there are unapproved significant,
material departures from approved plans or
permits;
b. That the development permit was procured
by false representation or was issued by
mistake; or
c. That any of the provisions of this zoning
Article 10 Administration and Enforcement
Sec. 10.2 Violations, Penalties and Enforcement
10-4 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
ordinance or approval previously granted by
the city are being violated.
2. Written notice of revocation must be served
upon the owner, the owner’s agent or
contractor, or upon any person employed on
the building or structure for which such permit
was issued. If no person can reasonably be
served with notice, the notice must be posted
in a prominent location on the building or
structure.
D. Stop Work
With or without revoking permits, the community
development director may stop work on any
building or structure on any land on which there
is an uncorrected violation of a provision of this
zoning ordinance or of a permit or other form of
authorization issued under this or previous zoning
ordinances.
E. Injunctive Relief
The city may seek an injunction or other equitable
relief in court to stop any violation of this zoning
ordinance or of a permit, certificate or other form
of authorization granted under this or previous
zoning ordinances.
F. Abatement
The city may seek a court order in the nature of
mandamus, abatement, injunction or other action
or proceeding to abate or remove a violation or
to otherwise restore the premises in question to
the condition in which they existed prior to the
violation.
G. Other Remedies and Powers
1. The city may seek such other penalties and
remedies as are provided by law.
2. In addition to penalties and remedies provided
in this article, any owner of property in any
district where such property may be affected by
a violation of the terms of this zoning ordinance
may bring suit in such courts having jurisdiction
and seek to obtain such remedies as may be
available at law or in equity for the protection of
the owner’s rights.
10.2.5. Previous Enforcement Actions
Nothing in this zoning ordinance prohibits the
continuation of previous enforcement actions,
undertaken by the city pursuant to previous valid
ordinances and laws.
10.2.6. Remedies Cumulative
The remedies and enforcement powers established in
this zoning ordinance are cumulative, and the city may
exercise them in any combination or order.
10.2.7. Persons Subject to Penalties
Any owner of any building or premises who participates
in or knowingly and willingly permits a violation of this
ordinance, and any architect, builder, contractor, agent,
person, or corporation who assists in the commission
of any such violation is guilty of a separate offense, and,
upon conviction will be subject to all available penalties
and remedies provided in this ordinance.
10.2.8. Enforcement Procedures
A. Non-Emergency Matters
In the case of violations of this zoning ordinance
that do not constitute an emergency or require
immediate attention, the subject property owner
must be given notice of the nature of the violation
by personal service, U.S. first class mail or by
posting notice on the premises. Notices of violation
must state the nature of the violation and the time
period for compliance and may state the corrective
steps necessary and the nature of subsequent
penalties and enforcement actions should the
situation not be corrected.
B. Emergency Matters
In the case of violations of this zoning ordinance
that constitute an emergency situation as a result
of immediate public health or safety hazards if
not remedied immediately, the city may use the
enforcement powers available under this zoning
ordinance without prior notice to the subject
property owner.
10.2.9. Appeals
A determination made by the community development
director or other administrative officials that a zoning
ordinance violation has occurred may be appealed by
the affected party in accordance with Sec. 9.8.
Article 10 Administration and Enforcement
Sec. 10.3 Nonconformities
10-5 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
Sec. 10.3. Sec. 10.3 Nonconformities
10.3.1. General
A. Intent
Nonconformities are created when the zoning
regulations that apply to a particular property are
changed to no longer allow uses, structures or
other development features that have already been
lawfully established. The nonconformity regulations
of this article are intended to explain the effect of
this nonconforming status and help differentiate
nonconformities, which have legal status under this
zoning ordinance, from zoning violations, which are
illegal and subject to penalties and enforcement
action. The regulations of this article are also
intended to:
1. Recognize the interests of landowners in
continuing to use their property for uses and
structures that were lawfully established;
2. Promote maintenance, reuse and rehabilitation
of existing buildings; and
3. Place reasonable limits on nonconformities
that have the potential to adversely affect
surrounding properties.
B. Authority to Continue
Any nonconformity that existed on the effective
date specified in Sec. 1.3 or any lot, structure
use or situation that becomes nonconforming
upon adoption of any amendment to this zoning
ordinance or any amendment of the zoning map
after the effective date specified in Sec. 1.3 may be
continued, subject to the regulations of this article.
C. Determination of Nonconforming Status
The burden of proving that a nonconformity exists
(as opposed to a zoning ordinance violation) rests
entirely with the subject property owner.
1. The community development director is
authorized to determine whether reliable
evidence of nonconforming status has been
provided by the subject property owner.
2. Common examples of evidence that the
community development director may accept
as reliable evidence include but are not limited
to the following:
a. Building permits;
b. Lawfully recorded plats;
c. Lawfully recorded instruments of
conveyance;
d. Professional registrations or business
licenses;
e. Utility billing records;
f. Rent records;
g. Advertisements in dated publications;
h. Listings in telephone or business directories;
and
i. Affidavits affirming the date of lawful
establishment of the use, structure or
development features.
3. The community development director’s
determination of nonconforming status may
be appealed to the board of adjustment in
accordance with Sec. 9.8.
D. Repairs and Maintenance
1. Repairs and normal maintenance necessary to
keep a nonconformity in sound condition are
permitted unless the work increases the extent
of the nonconformity or is otherwise expressly
prohibited by this zoning ordinance.
2. If a nonconforming structure or a structure
occupied by a nonconforming use becomes
physically unsafe or unlawful due to lack of
repairs and maintenance, and a final order
of vacation or demolition is entered by any
duly authorized official by reason of physical
condition, it may not thereafter be used,
restored, or repaired, or rebuilt except in
conformity with the provisions of the zoning
district in which it is located.
3. Nothing in this article is intended to prevent
nonconformities from being structurally
strengthened or restored to a safe condition
in accordance with an order from a duly
authorized public official.
E. Change of Tenancy or Ownership
Nonconforming status runs with the land and is
not affected by changes of tenancy, ownership or
Article 10 Administration and Enforcement
Sec. 10.3 Nonconformities
10-6 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
management.
10.3.2. Nonconforming Lots
A. Description
A nonconforming lot is a lawfully created lot, shown
on a plat recorded with the Dallas County Deed
Records, that does not comply with applicable
lot area or lot width requirements of the subject
zoning district.
B. Lots in Residential Zoning Districts
In residential zoning districts, a single detached
house may be erected on a nonconforming lot
without complying with the applicable lot area or lot
width requirements of the subject zoning district.
All other lot and building regulations apply.
C. Lots in Nonresidential Zoning Districts
In nonresidential zoning districts, a nonconforming
lot may be used as a building site and developed
with a use allowed in the subject zoning district.
If the zoning allows a variety of uses or a variety
of intensities of uses and one or more uses or
intensities would comply with applicable lot area,
lot width, or street frontage requirements, while
others would not, then only the uses or intensities
that comply with applicable regulations are
permitted. All other lot and building regulations
apply.
10.3.3. Nonconforming Uses
A. Description
A nonconforming use is a use that was lawfully
established in accordance with all zoning
regulations in effect at the time of its establishment
but that is no longer allowed by the use regulations
of the zoning district in which the use is located.
B. Change of Use
1. A nonconforming use may be changed to a use
that is allowed in the subject zoning district.
2. Once changed to a conforming use, the
previous nonconforming use is deemed to
have been abandoned and may not be re-
established.
C. Expansion
Unless otherwise expressly stated, nonconforming
uses may not be expanded or extended to occupy
a greater area than was occupied at the time the
use became nonconforming unless the expansion
reduces or eliminates the nonconformity. A
nonconforming use of a portion of a building
may be expanded or extended into the remaining
portions of the building if the community
development director determines that the area of
the building in which the expansion is proposed
was manifestly arranged and designed for the use.
D. Movement
A nonconforming use may be moved in whole or in
part to another location on the same lot only if the
movement or relocation does not create additional
or new nonconformities. A nonconforming use
may be moved to another lot only if the use would
comply with the zoning regulations that apply
to that (relocation) lot. Once moved to another
location, the nonconforming use in its previous
location is deemed to have been abandoned and
may not be re-established in that previous location.
E. Loss of Nonconforming Rights
1. If a nonconforming use is discontinued for a
continuous period of 6 months more or more
for any reason whatsoever, the nonconforming
use is deemed to have been abandoned and
may not be re-established.
2. Whenever a nonconforming use is abandoned,
all nonconforming rights are surrendered and
any new or re-established use must comply
with all applicable regulations of this zoning
ordinance.
10.3.4. Nonconforming Structures
A. Description
A nonconforming structure is a structure, other
than a sign, that was lawfully established but
that no longer complies with applicable zoning
regulations because of the adoption or amendment
of zoning regulations after the structure was
established.
B. Use
A nonconforming structure may be used for any
use allowed in the zoning district in which the
structure is located, including a lawfully established
nonconforming use.
Article 10 Administration and Enforcement
Sec. 10.3 Nonconformities
10-7 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
C. Movement
A nonconforming structure may be moved in
whole or in part to another location only if the
structure would comply with the zoning regulations
that apply to the new location. Once moved to
another location, the nonconforming structure
in its previous location is deemed to have been
abandoned and may not be re-established in that
previous location.
D. Alteration, Enlargement or Expansion
1. Nonconforming principal buildings and
structures may be enlarged or expanded if the
proposed alteration or expansion complies
with all applicable lot and building regulations
and does not increase the extent of the
nonconformity.
2. Nonconforming accessory buildings and
structures may not be enlarged or expanded
E. Damage or Destruction
If a nonconforming structure is damaged,
dismantled, demolished or destroyed by fire, the
elements, natural disaster or intentional action to
the extent of 50% or more of its replacement cost at
time of damage, the nonconforming structure may
not be re-established. If the structure is damaged or
destroyed by fire, the elements, or natural disaster
to the extent of less than 50% of its replacement
cost at time of damage, the nonconforming
structure may be re-established to the extent it
existed before the damage, provided that a permit
application to allow the re-establishment is filed
within 12 months of the damage.
10.3.5. Nonconforming Development Features
A. Description
A nonconforming development feature is
any aspect of a development—other than a
nonconforming lot, nonconforming structure or
nonconforming use—that was lawfully established
in accordance with zoning regulations in effect at
the time of its establishment but that no longer
complies with one or more applicable zoning
regulations. Common examples are off-street
parking areas that contain fewer spaces than
required by current regulations and sites that do
not comply with current landscaping, screening or
outdoor lighting regulations.
B. General
Nonconforming development features may
remain except as otherwise expressly stated in
this zoning ordinance, but the nature and extent of
nonconforming development features may not be
increased.
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11-1 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
Article 11. Measurements and Definitions
Sec. 11.1. General ...................................................................................................11-2
Sec. 11.2. Use Definitions ......................................................................................11-2
Sec. 11.3. Measurement-Related Terms .............................................................11-2
Sec. 11.4. Terms Beginning with “A” ...................................................................11-7
Sec. 11.5. Terms Beginning with “B” ...................................................................11-7
Sec. 11.6. Terms Beginning with “C” ...................................................................11-7
Sec. 11.7. Terms Beginning with “D” ...................................................................11-8
Sec. 11.8. Terms Beginning with “E” .....................................................................11-8
Sec. 11.9. Terms Beginning with “F” ....................................................................11-8
Sec. 11.10. Terms Beginning with “G” ...................................................................11-8
Sec. 11.11. Terms Beginning with “H” ...................................................................11-8
Sec. 11.12. Terms Beginning with “I” .....................................................................11-8
Sec. 11.13. Terms Beginning with “J”......................................................................11-8
Sec. 11.14. Terms Beginning with “K” ....................................................................11-8
Sec. 11.15. Terms Beginning with “L” .....................................................................11-8
Sec. 11.16. Terms Beginning with “M” ...................................................................11-9
Sec. 11.17. Terms Beginning with “N” ....................................................................11-9
Sec. 11.18. Terms Beginning with “O” ....................................................................11-9
Sec. 11.19. Terms Beginning with “P” ....................................................................11-9
Sec. 11.20. Terms Beginning with “Q” ..................................................................11-10
Sec. 11.21. Terms Beginning with “R” ..................................................................11-10
Sec. 11.22. Terms Beginning with “S” ...................................................................11-10
Sec. 11.23. Terms Beginning with “T” ...................................................................11-10
Sec. 11.24. Terms Beginning with “U” ..................................................................11-10
Sec. 11.25. Terms Beginning with “V” ..................................................................11-11
Sec. 11.26. Terms Beginning with “W” .................................................................11-11
Sec. 11.27. Terms Beginning with “X” ..................................................................11-11
Sec. 11.28. Terms Beginning with “Y” ..................................................................11-11
Sec. 11.29. Terms Beginning with “Z”...................................................................11-11
Article 1 Measurements and Definitions
Sec. 11.1 General
11-2 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
Sec. 11.1. Sec. 11.1 General
Words and terms expressly defined in this zoning
ordinance have the specific meanings assigned unless
the context clearly indicates another meaning. Words
and terms that are not expressly defined in this zoning
ordinance have their ordinary dictionary meaning.
Sec. 11.2. Sec. 11.2 Use Definitions
See Sec. 5.2 for an explanation of the use categorization
system used in this zoning ordinance and for use type
definitions.
Sec. 11.3. Sec. 11.3 Measurement-Related Terms
11.3.1. Fractions and Rounding
When calculations required under this zoning ordinance
result in fractions, the results must be rounded as
follows:
A. Minimum Requirements
When a regulation is expressed in terms of a
minimum requirement, any fractional result must
be rounded up to the next consecutive whole
number. For example, if a minimum requirement
of 3.33 parking spaces per 1,000 square feet of
floor area is applied to a use that occupies 2,500
square feet of floor area, the resulting fractional
requirement of 8.32 spaces is rounded up to 9
required spaces.
B. Maximum Limits
When a regulation is expressed in terms of
maximum limits, any fractional result must be
rounded down to the preceding whole number.
11.3.2. Lot Area
Lot area is measured as the total ground-level surface
area contained within the property lines of a lot.
11.3.3. Lot Width
Lot width is measured as the average (mean) horizontal
distance between the side property lines of a lot (see
Figure 1-1).
11.3.4. Lot Depth
Lot depth is measured as the average (mean) horizontal
distance between the front and rear lot lines of a lot.
11.3.5. Floor Area
The floor area of a building is measured as the sum
of the gross horizontal areas of all floors within the
building, including basements, as measured from
the exterior faces of the exterior walls or from the
centerline of walls separating 2 buildings. Off-street
parking areas are not included in the measurement of
floor area.
11.3.6. Floor Area Ratio
The ratio of the gross floor area of all buildings on a lot
to the subject lot area.
11.3.7. Frontage or Street Frontage
Street frontage is measured between side property
lines of a lot along the property line that abuts the
street (see Figure 1-2).
Figure 1-1: Lot Width Measurement
Figure 1-2: Street Frontage Measurement
Article 1 Measurements and Definitions
Sec. 11.3 Measurement-Related Terms
11-3 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
11.3.8. Setbacks
A. Measurement
Required setbacks are measured from the
applicable lot line, right-of-way, or location referred
to below. Building setbacks are measured to the
nearest exterior building wall. Minimum setbacks
that apply to other features (parking areas, fences,
storage areas) are measured from the nearest
point of the area or feature for which a setback is
required. Unless otherwise expressly stated, no
part of any structure may be located within the
street right-of-way.
1. Front setbacks are measured from the back of
curb. See Figure 1-6.
2. Side setbacks are measured from the a side lot
line (see Figure 1-3).
3. Rear setbacks are measured from the rear lot
line, except on double-frontage lots (see Figure
1-4).
4. On double-frontage lots, the required front
setback must be provided on both streets
unless the building line for accessory buildings
has been established along one street by
ordinance, approved plat, or by usage, in which
event, only one required front yard shall be
observed (see Figure 1-5).
5. On lots with 3 or more street frontages, the
front of the lot is the lot frontage across the
street from the blockface with the most front
yards.
B. Setbacks on Irregular Lots
Setbacks are measured from the lot line towards
the center of the lot, except as follows:
1. When lot lines are curvilinear, setbacks must be
measured parallel to the curvilinear lot line (see
Figure 1-7).
2. When there are multiple rear lot lines, the rear
setback must be measured from each of rear
lot lines (see Figure 1-8).
3. When there is no rear lot line, the rear setback
must be measured as a radial distance from the
intersection of side lot lines at the rear of the lot
(see Figure 1-9).
C. Average Front Setback by Block
The average front setback on a block is established
by the average depth of existing front yards of all
Figure 1-3: Side Setback Measurement
Figure 1-4: Rear Setback Measurement
Figure 1-5: Double Frontage Lot Measurement
Figure 1-6: Front Setback Measurement
Article 1 Measurements and Definitions
Sec. 11.3 Measurement-Related Terms
11-4 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
the lots on the subject blockface.
1. The average depth is measured from the
back of the sidewalk to the front facade of the
building closest to the street.
2. In calculation of the average of the block, all
buildings will be used to establish an initial
average, then any structure with a setback
greater than 10 feet from the initial average
will not be used in computing the final block
average.
3. Any vacant lot or lot on which a structure is to
be demolished or removed will be considered
to have a front yard depth equal to the average
front yard depth on that block for purposes of
computing the average front setback.
4. When a blockface includes 2 or more zoning
districts, the required front setback may not
be less than the minimum setback of the most
restrictive district.
5. A listing of computed average front setbacks
must be maintained by the community
development department.
11.3.9. Rear Half of the Lot
The rear half of the lot is defined as the portion of the
lot that falls between a line joining the midpoint of one
side lot line with the midpoint of the opposite side lot
line and the rear lot line. A building element required
to be located in the rear half of the lot shall still comply
with all other lot setbacks.
11.3.10. Building Coverage
Building coverage is the total area of a lot covered by
principal and accessory buildings and all structures that
are 30 inches or more above grade.
11.3.11. Impermeable Coverage
Impermeable lot coverage is the total area of the lot or
zone on the lot covered by impermeable surfaces, such
as buildings, driveways and sidewalks. Semi-permeable
materials are not included in this calculation. See
the Permeability Requirements of Chapter 3, Article
3.100 [Article 3.02, Divisions 2 and 3] of the Code of
Ordinances.
Figure 1-7: Setbacks from Curvilinear Lot Lines
Figure 1-8: Setbacks from Multiple Rear Lot Lines
Figure 1-9: Rear Setback Measurement When There is No Rear Lot Line
street A
front yard
Street A has multiple lots with front yards.
Street B has fewer front yards.
Street C has no front yards or rear yards.
Existing House
Proposed House
street-side setback
rear yard
street B street C
Article 1 Measurements and Definitions
Sec. 11.3 Measurement-Related Terms
11-5 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
11.3.12. Building Height
A. Measurement
1. Building height is measured as the vertical
distance from the average ground elevation
along the exterior building wall to the highest
point of the subject building (see Figure 1-10).
For purposes of measuring height:
a. The average ground elevation is the mid-
point between the highest and lowest
ground elevations along the exterior
building wall; and
b. The highest point of the building is the
coping of a flat roof, the top of a mansard
roof or shed roof, or the peak of the highest
gable of a gable, gambrel, or hip roof.
B. Exceptions
1. Chimneys, elevators, equipment penthouses,
monitors, cooling towers and ventilators
may exceed maximum building height limits,
provided they are not intended for human
occupancy and they do not extend more than
12 feet above the top of the principal structure
to which they are attached.
2. Belfries, clock towers, cupolas, domes and
spires may exceed maximum building height
limits, provided they are not intended for
human occupancy and they are not more than
25% taller than the applicable height limit.
3. Fire separation walls may extend up to 36
inches above maximum district height limits.
11.3.13. Other Height Measurements
A. Top Plate Height
Top plate height is measured from the elevation of
the first floor front door threshold to the top of the
highest top plate (see Figure 1-11).
B. First Floor Elevation
The elevation of the front door threshold shall
establish the finished floor elevation and be no
more than 18 inches above the average elevation
of the minimum front setback line. The height of
the finished floor elevation, whether on a slab or a
pier and beam foundation, shall be no higher than
the average of the finished floor elevations of the
houses located on either side of the subject lot.
C. Fences and Walls
See Sec. 8.3.
D. Other Structures
The height of structures other than buildings,
fences or walls is measured as vertical distance
from the average finished grade at the base of
the structure to the highest point of the structure.
Unless otherwise expressly stated, the height of a
structure may not exceed the maximum building
height allowed in the subject zoning district.
Figure 1-10: Building Height Measurement
Article 1 Measurements and Definitions
Sec. 11.3 Measurement-Related Terms
11-6 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
Figure 1-11: Top Plate Height Measurementtop plate height measurementstreetfront lot linefront setback18”
threshold elevation
average elevation of minimum front setback line per 11.3.13top of highest top plate
Maximum above average
elevation of minimum front setback
Article 1 Measurements and Definitions
Sec. 11.4 Terms Beginning with “A”
11-7 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
Sec. 11.4. Sec. 11.4 Terms Beginning with “A”
Abut or Abutting: to touch or share a contiguous
boundary or border.
Accessory Use or Structure: a use or structure that
meets the criteria of 5.3.1.
Alcoholic Beverage Uses: Sale and possession of
mixed beverages by a holder of a mixed beverage
permit issued by the state alcoholic beverage
commission in accordance with the provisions of
Chapter 28 of the Alcoholic Beverage Code, provided
the holder also holds a food and beverage certificate
under Section 28.18 (“mixed beverages with food and
beverage certificate”); Sale at retail for off-premises
consumption only of ale, wine and vinous liquors
by the holder of a wine only package store permit
issued by the state alcoholic beverage commission
in accordance with the provisions of Chapter 24 of
the Alcoholic Beverage Code (“wine only package
store”); Sale for off-premises consumption only of
wine, beer and malt liquors containing not more
than 17% alcohol by volume by the holder of a wine
and beer retailer’s off-premises permit issued by the
state alcoholic beverage commission in accordance
with the provisions of Chapter 26 of the Alcoholic
Beverage Code, and sale of beer in lawful containers
to consumers by the holder of a retail dealer’s
off-premises license issued by the state alcoholic
beverage commission in accordance with the
provisions of Chapter 71 of the Alcoholic Beverage
Code (“off-premises beer and wine sales”).”
Alley: a public space or thoroughfare that affords
only secondary means of access to abutting property.
Applicant: the owner of the subject property or an
agent authorized by the subject property owner to
submit an application on the owner’s behalf.
Sec. 11.5. Sec. 11.5 Terms Beginning with “B”
Basement: a level of a building having at least 50% of
its height below the average natural grade of the lot
on which it is located.
Belt Course: a horizontal band usually marking the
floor levels on the exterior facade of a building.
Berm: A mound of earth with sloping sides that is
located between areas of approximately the same
elevation.
Block: an area enclosed by dedicated rights-of-way
and occupied by or intended for buildings; or if said
word is used as a term of measurement, it shall mean
the distance along a side of a street between the
nearest 2 dedicated rights-of-way which intersect said
street on said side.
Blockface: all lots abutting one side of a street
between the 2 nearest intersecting streets.
Breezeway or Covered Walkway: an unenclosed
or partially enclosed (maximum 50%) passage or
walkway covered by a roof connecting a principal
residential building with a detached structure or
accessory building and that is open on the sides to
permit unobstructed passage between portions of the
rear yard located on either side of the breezeway.
Building: any structure built for the support, shelter
and enclosure of persons, animals, chattels or
movable property of any kind. When subdivided in a
manner sufficient to prevent the spread of fire, each
portion so subdivided may be deemed a separate
building.
Building Envelope: the area formed by the front,
side, and rear building restriction or setback lines
of a lot within which the principal building must be
located.
Building Line: a line parallel or approximately parallel
to the street line marking the minimum distance from
the street line that a building may be erected.
Sec. 11.6. Sec. 11.6 Terms Beginning with “C”
Carport: a parking space having a roof but not
enclosed by walls. Parking garages and parking
structures are not carports.
Certificate of Occupancy and Compliance: an
official certificate issued by the city through the
community development director that indicates
conformance with the zoning regulations and
authorizes legal use of the premises for which it is
issued.
Commercial Message: any sign, wording, logo, or
other representation that directly or indirectly, names,
Article 1 Measurements and Definitions
Terms Beginning with “D”
11-8 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
advertises, or calls attention to a business, product,
service or other commercial activity.
Sec. 11.7. Terms Beginning with “D”
Development: any man made change to improved or
unimproved real estate, including but not limited to,
buildings or other structures, mining, dredging, filling,
grading, paving, excavation, or drilling operations.
Dormer: a roofed vertical projection, containing a
window and projecting through a sloped roof.
Dwelling Unit: a building or portion of a building that
is arranged, occupied, or intended to be occupied
as living quarters for an individual household
independent of any other household and that
contains kitchen, bath and sleeping facilities.
Sec. 11.8. Sec. 11.8 Terms Beginning with “E”
RESERVED
Sec. 11.9. Sec. 11.9 Terms Beginning with “F”
Family: See “household.”
Floor Area: See 11.3.5.
Floor Area Ratio: 11.3.6.
Frontage: that portion of the lot or tract abutting a
street.
Sec. 11.10. Sec. 11.10 Terms Beginning with “G”
Gable: the triangular part of a wall beneath the
inverted “V” of the roof line.
Garage: an accessory building or part of a principal
building that is enclosed on at least 3 sides and that
is used or designed for the private storage of motor
vehicles.
Grade, Average Natural: the reference point on a lot
determined by measuring 6 inches below the finished
first floor elevation.
Grade, Finished: the vertical location of the ground
or pavement surface after site grading work is
completed in accordance with an approved plan.
Sec. 11.11. Sec. 11.11 Terms Beginning with “H”
Habitable Area: floor area used for any purpose other than storage or utilities.
Height: See 11.3.12 and 11.3.13.
Hipped Gable: a gable with a sloping roof line
perpendicular to the plane of the gable wall,
beginning at the uppermost ridge of the gable.
Home Occupation: An accessory use of a dwelling
unit for business or commercial purposes. Home
occupations are subject to the regulations of 5.3.14.
Hot Tub: a hydrotherapy unit designed and
assembled in the traditional manner of tubs or casks,
with side and bottoms formed of separate boards
and the whole shaped to join together by pressure
of the surrounding hoops, bands or rods as distinct
from spa units formed of plastic, concrete, metal or
other materials.
Household: any number of individuals living together
as a single housekeeping unit, in which not more than
2 individuals are unrelated by blood, marriage or
adoption. An individual may be considered a family.
Sec. 11.12. Sec. 11.12 Terms Beginning with “I”
RESERVED
Sec. 11.13. Sec. 11.13 Terms Beginning with “J”
RESERVED
Sec. 11.14. Sec. 11.14 Terms Beginning with “K”
RESERVED
Sec. 11.15. Sec. 11.15 Terms Beginning with “L”
Lawfully Established: a use, structure, lot or sign
(as the context indicates) that was established in
conformance with all applicable zoning ordinance
regulations in effect at the time of its establishment.
Lot: land occupied or to be occupied by a building
and its accessory buildings, including such open
spaces as are required under this zoning ordinance
and having its principal frontage upon a public street
or officially approved place. A lot to be used for
building purposes must qualify as a building site in
accordance with Sec. 1.9.
Lot Area: See 11.3.2.
Lot, Corner: a lot abutting 2 or more streets at their
intersection or upon 2 segments of the same street,
when such segments form an interior angle of less
than 135 degrees. The point of intersection of street
rights-of-way lines is the corner.
Article 1 Measurements and Definitions
Sec. 11.16 Terms Beginning with “M”
11-9 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
Lot Depth: See 11.3.4.
Lot, Double-frontage: an interior lot with frontage
on more than one street or a corner lot with frontage
on more than 2 streets. Sometimes referred to as a
“through lot.”
Lot, Interior: a lot other than a corner lot.
Lot Lines: the lines bounding a lot.
Lot Line, Front: the boundary of a lot that abuts the
street.
Lot Line, Street: the boundary of a lot that abuts a
street. A lot may have more than one street lot line,
and a street lot line may also be a front lot line.
Lot Line, Rear: the boundary of a lot that is most
distant from and most nearly parallel to the front lot
line.
Lot Line, Side: any boundary of a lot that is not a
street lot line or a rear lot line.
Lot of Record: a lot which is part of a subdivision, the
plat of which has been recorded in the office of the
County Clerk of Dallas County, Texas; or a parcel of
land, the deed for which was recorded in the office of
the County Clerk of Dallas County prior to November
7th, 1977, provided however, that such parcel, if not
constituting a single platted lot, shall be finally platted
by approval by the City of University Park of a final
plat, an amending plat or replat of such parcel in the
manner provided by law.
Lot Width: see 11.3.3.
Sec. 11.16. Sec. 11.16 Terms Beginning with “M”
Main Building: same as “principal building.”
Sec. 11.17. Sec. 11.17 Terms Beginning with “N”
Nonconforming Development Feature: See 10.3.5.
Nonconforming Lot: 10.3.2.
Nonconforming Structure: 10.3.4.
Nonconforming Use: 10.3.3.
Nonconformity: A nonconforming lot,
nonconforming use, nonconforming structure or
nonconforming development feature (see Sec. 10.3).
Nonresidential Zoning District: Any zoning district
other than a residential zoning district or a planned
development (PD) district that is primarily residential
in nature.
Sec. 11.18. Sec. 11.18 Terms Beginning with “O”
Occupancy: the use or intended use of land or
buildings by owners or tenants.
Open Space: unoccupied area on the lot that is open
and unobstructed to the sky from a point 30 inches
above grade, except for those exceptions provided for
in this zoning ordinance.
Outdoor Customer Seating/Dining Area: the area of
all unenclosed areas used or intended to be used for
seating and dining by customers and guests, including
standing table areas.
Sec. 11.19. Sec. 11.19 Terms Beginning with “P”
Parapet or Parapet Wall: a wall-like barrier at the
edge of a roof that acts as a vertical extension of an
exterior building wall extending above the roof height
of the building. Parapets may serve as a safety, visual
screening or architectural feature.
Parking Area: the area that includes off-street
parking spaces, the maneuvering areas necessary
to enter and exit the parking spaces and the
drives providing access to the parking spaces and
maneuvering areas from a street or other parking
areas.
Parking Space, Off Street: a space on a lot intended
and reserved for the parking of a motor vehicle.
Parking Space, Required Off-Street: a space on
a lot reserved for parking required by this zoning
ordinance.
Parkway: the landscaped area in the city right-of-
way between the edge of the pedestrian sidewalk or
property line and the back of the curb of the adjacent
street.
Plate, Top (or Plate Line): the top of the top
structural support on which the rafters and/or joists
rest.
Porte Cochere: an unencumbered opening in a
principal residential structure which will allow a
vehicle to pass from the street to a required off-street
parking area, or from the street back to the street, or
from the front street to the side street on a corner lot.
Article 1 Measurements and Definitions
Sec. 11.20 Terms Beginning with “Q”
11-10 CITY OF UNIVERSITY PARK ZONING ORDINANCE EFFECTIVE 11.06.2018
A porte cochere must be designed and constructed
in general conformance with the architecture of the
principal structure. “Unencumbered” shall mean not
closed or blocked at any time by a fence, wall, gate
or other structure limiting the free flow of vehicles
through the porte cochere.
Principal Building: a building or combination of
buildings of primary importance or function on a
lot. In general, the principal use is carried out in the
principal building.
Principal Use: a use or activity or combination of
which that are of primary importance on the lot; one
of the main purposes for which the land, buildings or
structures are intended, designed or ordinarily used.
Sec. 11.20. Sec. 11.20 Terms Beginning with “Q”
RESERVED
Sec. 11.21. Sec. 11.21 Terms Beginning with “R”
Residential Zoning District: Any of the zoning
districts included in Article 2.
Sec. 11.22. Sec. 11.22 Terms Beginning with “S”
Setback: A required open area or distance between
set point and a building. See 11.3.8
Spa: a unit primarily designed for therapeutic use
which is not drained, cleaned or refilled for each
individual. It may include, but is not limited to,
hydrojet circulation, hot water, cold water, mineral
baths, air induction bubbles, or any combination
thereof. Industry terminology for spa includes, but is
not limited to, therapeutic pool, hydrotherapy pool,
whirlpool, hot spa, etc.
Spa Pool: a pool, not under medical supervision, that
incorporates water jets and/or an aeration system
used for hydro-massage.
Story: the height between the successive floors of
a building or from the top floor to the roof. Parking
that is located below the average grade or which is
at grade and below the structure and enclosed is
not counted in determining the allowed number of
stories. A basement is also not considered a story.
Story, Half: Space under at least 2 sloping roofs
having an average height not exceeding 8 feet and
a floor area not greater than 50% of the area of the
floor immediately below.
Street: any thoroughfare, road, highway or public
driveway, other than an alley, where at least 30 feet
of right-of-way has been dedicated or deeded to the
public use expressly or by implication.
Street Frontage: See 11.3.7.
Street Line: a dividing line between a lot, tract or
parcel of land and an abutting street right-of-way.
Structural Alterations: any change in any supporting
member of a building, a bearing wall, column, beams
or girders.
Structure: anything constructed or erected, the use
of which requires location on the ground or that
is attached to something located on the ground,
including but not limited to buildings of all types,
advertising signs, fences, walls, paved surfaces, decks
and swimming pools.
Swimming Pool: any constructed or prefabricated
pool used for swimming or bathing, 24 inches or
more in depth.
Sec. 11.23. Sec. 11.23 Terms Beginning with “T”
Temporary Construction Structure: a temporary
building, trailer office or temporary building material
storage area used for construction purposes and
authorized by permit for a specific period of time
and subject to periodic renewal by the community
development director and used in connection with
a development or building project for temporary
storage, on-site administration and supervisory
functions. Temporary construction structures are
subject to the regulations of 5.4.2.
Tennis Court, Private: a surface designed and
constructed for playing the game of tennis along
with all fencing, nets and related appurtenances but
excluding lighting for night play except as may be
otherwise allowed or limited by an approved specific
use permit
Terrace: an external, typically raised, open, flat area
in a yard or adjacent to a building.
Sec. 11.24. Sec. 11.24 Terms Beginning with “U”
RESERVED
Article 1 Measurements and Definitions
Terms Beginning with “V”
11-11 EFFECTIVE 11.06.2018 ZONING ORDINANCE CITY OF UNIVERSITY PARK
Sec. 11.25. Terms Beginning with “V”
RESERVED
Sec. 11.26. Sec. 11.26 Terms Beginning with “W”
Wall, Parapet: that part of any exterior wall of a
building that is entirely above the roof line of the
subject building.
Sec. 11.27. Sec. 11.27 Terms Beginning with “X”
RESERVED
Sec. 11.28. Sec. 11.28 Terms Beginning with “Y”
Yard: an actual (as opposed to “required”) open,
unoccupied space that exists on a lot between a
building and a lot line.
Yard, Front: A yard extending along the full length of
the front lot lines between the side lot lines, including
the required setback.
Yard, Side: a yard extending along a side lot line
between the front yard and the rear lot line , including
the required setback.
Yard, Rear: a yard extending along the full length of
the rear lot line between the side lot lines , including
the required setback.
Sec. 11.29. Sec. 11.29 Terms Beginning with “Z”
RESERVED