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Home My WebLink AboutOrdinance No. 20-018 Corrections to Zoning OrdinancerORDINANCE 20-018 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK,TEXAS,AMENDING THE CODE OF ORDINANCES,ARTICLE 14.02,BY AMENDING VARIOUS SECTIONS OF THE COMPREHENSIVE ZONING ORDINANCE; CORRECTING TYPOGRAPHICAL ERRORS;REVISING THE ZONING DISTRICT USE TABLE;ADDING LANGUAGE CLARIFYING REGULATIONS TO STATE EXISTING APPLICATIONS FOR EACH ZONING DISTRICT TO PRESERVE ITS INTENT;RECOGNIZING NONCONFORMING USES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)FOR EACH OFFENSE;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the Planning and Zoning Commission and City Council of the City of University Park,in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes to the Comprehensive Zoning Ordinance,have given the requisite notices by publication and otherwise,and have held due hearings and afforded a full and fair hearing to all property owners generally,and the City Council of University Park is of the opinion and finds that the Comprehensive Zoning Ordinance of the City of University Park should be amended,NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK,TEXAS: SECTION 1.That Article 14.02 "Zoning Ordinance",Section 14.02.001,of the Code of Ordinances of the City of University Park is amended in part by amending certain sections and tables of the zoning regulations as follows: "Sec.14.02.001 Comprehensive Zoning Ordinance and Map Adopted Sec.2.4.6 Main-House Zone is amended by adding language (underlined)to Table 2-4, Note 3 as follows: "[3]Third story wall area includes the aggregate area of all vertical walls,gable walls, and all sides of all dormers." Sec.2.4.7 Mid-Lot Zone is amended by adding a section to Table 2-5 as follows: "Wall Height (B)Maximum top plate Height (ft.)[2]Lots 70 ft.to less than 80 ft.25 Lots 60 ft.to less than 70 ft.24 Lots less than 60 ft.in width 23 [I].... [2]No maximum top plate height for lots 80 feet or greater in width. [3]Third story wall area includes the aggregate area of all vertical walls,gable walls,and all sides of all dormers." Sec.2.6.4 Duplex Main-House Zone is amended to add third story maximum floor area to Table 2-13: "Third Story (D)Maximum third story area [I]50%of total 2nd floor area (E)Maximum 3rd story wall area facing interior side lot line (sq.ft.)[2]200 TABLE NOTES [I].... [2]Third Story Wall area includes the aggregate area of all vertical walls,gable walls,and all sides of all dormers. [3].... Sec.2.7.1 Lot and Building Zones is amended to revise the following references: Subsection A change reference from 2.6.2 to 2.7.2 Subsection B change reference from 2.6.3 to 2.7.3 Subsection C change reference from 2.6.4 to 2.7.4 Subsection D change reference from 2.6.5 to 2.7.5. Sec.2.7.2 Overall Lot is amended by amending Table 2-15 Table Notes [1]to read:"[1]Any detached single-family or duplex dwelling to be constructed within the MF Districts must meet all the minimum requirements for the SF-4 and D-2 districts respecti vely." Sec.2.7.6 Building Design Features is amended by amending Subsection B to change references: Subsection B 1 a change from 2.4.9 C to 2.7.6 C Subsection BIb change from 2.4.9 D to 2.7.6 D Subsection B 1 c change from 2.4.9.E to 2.7.6 E Subsection BId change from 2.4.9 F to 2.7.6 F Subsection B 1 e change from 2.4.9 G to 2.7.6 G Subsection B 2 a change from 2.4.9 C to 2.7.6 C Subsection B 2 b change from 2.4.9 D to 2.7.6 D Subsection B 2 c change from 2.4.9 E to 2.7.6 E Subsection B 2 d change from 2.4.9 F to 2.7.6 F Subsection B 2 e change from 2.4.9 G to 2.7.6 G. Sec.2.7.6 MF Building Design Features D.1.Fa.yade Variations is amended to reflect correct values: "Variations must be at least 3 feet in depth for projections and recesses and at least 2 stories in height for an area no more than 20%,and no less than 10%,of the fayade width." Sec.2.8.1 Roofs Table 2-19 is amended to change Roof Pitch (A)to read:"In all lot zones,a roof with a pitch greater than the slopes shown is considered a vertical wall." Sec.2.8.2 Third Story Dormers Facing Interior Side Lot Lines is amended to add a Note to Table 2-20 to read:"Note:Maximum Aggregate window area shall not exceed ten (10)square feet." Sec.2.10.2 D Rear Setbacks is amended to add zoning districts D-l and D-2. Article 5,Table 5-1:Use Table is amended in part as shown in the pages attached as Exhibit A to this amendatory ordinance. Sec.5.3.4 B Rear Yard Location is amended to change the second sentence to read:"A detached accessory building or structure,including a garage,may be located in the rear half of the lot between the rear of the principal building and the midpoint of the lot if it is set back from the side lot lines at least 7 feet or a distance equal to 10%of the lot width, whichever is less." Sec.5.3.5 B is deleted. Sec.7.1.2 B Applicability is amended to read:"New Uses and Development.Unless otherwise expressly stated,the regulations apply to all new uses established in all zoning districts and to all new buildings constructed and redeveloped in all zoning districts." Sec.7.2 Residential Garages is amended by amending the first sentence to read;"The regulations of this section apply to all attached and detached garages,carports,and similar vehicle storage structures in all SF,SF-A,D,and MF districts." Sec.7.2.1 C Parking Pad Required is amended to read:"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 18 feet in width." Sec.7.3.1 General Requirements,B.Driveways in Residential Districts is amended by adding a new subsection 8 to read as follows:"8.Driveways may not be continuous from street approach to alley approach." Sec.7.3.2 Circular Driveways,A.Applicability is amended to read:"Circular driveways are permitted on all residentially zoned lots,subject to the regulations of this Section 7.3.2." Sec.7.3.2 C,Circular Driveways on Smaller Lots is amended by adding the following to subsection 3:"The approaches must be at least 9'in width."On Figure 7-15 change minimum width from 10'to 9'. Sec.7.3.2 F,Parking and Access,subsection 1 is amended to read:"Parking areas on circular driveways must be at least 7.5 feet from back of sidewalk." Sec.10.3.4 Nonconforming Structures is amended to change subsection A to read as follows:"A.Description.A nonconforming structure is a structure,other than a sign,that was lawfully established but no longer complies with applicable zoning regulations because of: 1.The adoption or amendment of the zoning regulations after the structure was established,or 2.The replatting,within a Single-Family Zoning District (SF 1-4), combining an existing developed residential lot with an abutting vacant residential lot,resulting in a single residential lot,leaving only one existing primary Single-Family Dwelling on the expanded lot." Article 11 is amended to change references in headers,pages,articles,and section header numbers from "1"to "11". Sec.11.3.8 Setbacks is amended to change subsection A.Measurement.to read as follows:"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 sidewalk or curb.See Figure 11-6. All Figures in the Comprehensive Zoning Ordinance that show drive approaches shall be revised to show measurements along curb lines and the curb return ('curb return'is the point where the drive approach radii return to the curb line)." SECTION 2.All provisions of the ordinances of the City of University Park in conflict with the provisions of this ordinance are hereby repealed. SECTION 3.Should any sentence,paragraph,subdivision,clause,phrase or section of this ordinance be adjudged or held to be unconstitutional,illegal or invalid,the same shall not affect the validity of this ordinance,or any part or provision thereof other than the part so decided to be invalid,illegal or unconstitutional,and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 4.That any person,firm or corporation violating any of the or terms of the Comprehensive Zoning Ordinance of the City of University Park shall be deemed guilty of a misdemeanor,and upon conviction shall be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00)for each offense,and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 5.This ordinance shall take effect immediately from and after its passage and the publication of the caption,as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park,Texas,on the 6th day of October 2020. APPROVED: ~2~ TOMMY STEWART ,MAYOR ATTEST: ~~ CHRISTINE GREEN,CITY SECRETARY ~PR::>VED ~S TO~~~:\\ \S0v\'~~,~~ CITY ATTORNEY . (rId;9/14/2020;117876) EXHIBIT"A" EXHIBIT "A" SF SF D 1-4 A 1-2 o 1-2 EXHIBIT B Regulations MF 1-3 UC Definitions GR RC SC C P 234UseSubcategory Specific usetype REVISIONS IN TAN CELLS4=use permitted asof nght IS =speCific use permit required I~=prohibited use Household Living 4 STable 2-11 Detached house Attached house Duplex 4 S Apartment Apartment (faculty or graduate student)4 S S Group Living (OfflfflUAity Eil.mJl.)t home 4S 4S 4S 4S Fraternity,sorority,dormitory 4--4--4- Nursing home --MF-2 &3 only College or University 5~.l:6 Community Center S S S 5~.l:I;l. Fraternal Organization or Private Club 4 S 4 S 4 S 4 S 4 S -4-4-5~.l:C: Governmental Service (not otherwise classified)S S S S 4 &--&--5~.l:Q Library or Cultural Exhibit S S S 4 4 S S 5~.l-£ Parks and Recreation (except asbelow)4 5~.l:~ Athletic field (intramural or intercollegiate)4 S S Philanthropic Institutions &4 S S S S -&4 &4 &4 &4 Religious Assembly S S S S 4 --5~.z:G TABLE 5-1:USE TABLE EXHIBIT B Use Subcategory Specific use type SF SF D MF 0 UC Definitions Regulations1-4 A 1-2 1-3 1-2 GR RC SC C P 4 =use permitted asof right 1S =speCific usepermit reqU!Ced1-=prohibited use 234 REVISIONS IN TAN CELLS Safety Service School s s 4 4 -- Private Public s s s 4 -- Utilities and Public Service Facilities s s Minor Major s s s s s SSSSSSSSS s SSSSSSSSS Wireless Communications Facility Freestanding tower Antenna Adult restricted uses 4 4 Animal Services Boarding Grooming Veterinary Assembly and Entertainment (except asbelow) Cinema ortheater Health club/gymnasium Commercial Service Building service Building support service Consumer maintenance/repair service ----EXHIBIT B UC Definitions SF SF D MF 0 Use Subcategory GR RC SC C P Regulations1-4 A 1-2 1-3 1-2 1 2 3 4Specificusetype 4 =usepermit edasof ngh 1S =speCificusepermit reqUired1-=prohibited use REVISIONSINTAN CELLS Personal improvement service (except asbelow)----4 4 4 4 4 ----- Tanning salon ------8 ------- Research service --------4 -4 4 -- Day Care (except as below)---S ----4 --4 --5.AJ.l;D. Day care for university faculty or students ----------4 4 4 4 Financial Institution ----4 4 4 4 4 -----5..A.8;E; Lodging 5.A.8;f. Hotel or motel ----4 4 4 4 4 ----- Boarding or rooming house ---~4 ------4 4 --MF-3 Only Office 5.A.8;~ Businessor 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.A.8;H Parking lot for trucks and vans --------4 ----- Restaurant ----4 4 4 4 4 -4 4 --5.A.8;1 Retail Sales (except as below)-----4 4 4 4 -----5..A.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.A.8;t\ Vehicle Sales and Service 5.A.8;1, Personal vehicle repair and maintenance --------4 ----- TABLE5-1:USETABLE EXHIBITB 4 ~usepermitted asof right 1S =speCIficusepermit required 1-=prohibited use UC Definitions GR RC SC C P Regulations o 1-2 234 SF SF 1-4 A D 1-2 MF 1-3UseSubcategory Specific usetype REVISIONSIN TAN CELLS Fueling station Personal vehicle sales Vehicle body and paint finishing shop 4 Large-scale Use s -s s --Helistop Drive-in or Drive-through Facility Financial institution uses Other uses Requires Planned Development (PD)Approval (~e'>".9.s) Public Transportation Facility Radio or TV Tower,Commercial Radio or TV Tower,Private to 40'height Radio or TV Tower,Private over 40'height 5 5 5 5 Bakery (wholesale) Cabinet or upholstery shop Cleaning and dying plant -s - Equipment sales and service Wine Storage s s ORDINANCE NO.20-018 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK,TEXAS,AMENDING THE CODE OF ORDINANCES,ARTICLE 14.02,BY AMENDING VARIOUS SECTIONS OF THE COMPREHENSIVE ZONING ORDINANCE; CORRECTING TYPOGRAPHICAL ERRORS;REVISING THE ZONING DISTRICT USE TABLE;ADDING LANGUAGE CLARIFYING REGULATIONS TO STATE EXISTING APPLICATIONS FOR EACH ZONING DISTRICT TO PRESERVE ITS INTENT;RECOGNIZING NONCONFORMING USES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)FOR EACH OFFENSE;AND PROVIDING AN EFFECTIVE DATE. DUL Y PASSED by the City Council of the City of University Park,Texas,on the 6th day of October 2020. APPROVED: MAYOR ATTEST: CITY SECRETARY