CITY OF WEST LAKE HILLS AMENDMENT No. 252 BUILDING HEIGHT AN ORDINANCE AMENDING TITLE II, CHAPTER 22 OF THE WEST LAKE HILLS CODE OF ORDINANCES; MODIFYING METHODS FOR DETERMINING BUILDING HEIGHT, ESTABLISHING REGULATIONS, AND ADDING NEW DEFINITIONS; PROVIDING FOR THE FOLLOWING: FINDINGS OF FACT; ENACTMENT; REPEALER; SEVERABILITY; CODIFICATION; EFFECTIVE DATE; PROPER NOTICE & MEETING. WHEREAS, the City Council of the ( City Council ) seeks to promote safe, orderly and consistent use and development of real property; and WHEREAS, pursuant to Texas Local Government Code Section 51.001, the City Council has general authority to adopt an ordinance or police regulation that is for the good government, peace or order of the ( City ) and is necessary or proper for carrying out a power granted by law to the City; and WHEREAS, pursuant to Chapters 211, 214, and 217 of the Texas Local Government Code, the City has general authority to regulate building codes and the erection of structures, and establish public nuisances; and WHEREAS, the City Council finds that it is necessary and proper for the good government, peace or order of the City to adopt the following rules. NOW, THEREFORE, BE IT ORDAINED by the City Council of West Lake Hills: 1. FINDINGS OF FACT The foregoing recitals are incorporated into this Ordinance by reference as findings of fact as if expressly set forth herein. 2. ENACTMENT Title II, Chapter 22, Article 22.03, Sections 22.03.001, 22.03.279, and 22.03.281 (as shown in Exhibit A, attached) of the Code of Ordinances is hereby modified so to read in accordance with Attachment A, which is attached hereto and incorporated into this Ordinance for all intents and purposes. 3. REPEALER All ordinances, resolutions, or parts thereof, that are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance
shall be and remain controlling as to the matters regulated, herein. 4. SEVERABILITY Should any of the clauses, sentences, paragraphs, sections or parts of this Ordinance be deemed invalid, unconstitutional, or unenforceable by a court of law or administrative agency with jurisdiction over the matter, such action shall not be construed to affect any other valid portion of this Ordinance. 5. CODIFICATION The City Secretary is hereby directed to record and publish the attached rules, regulations and policies in the City s Code of Ordinances as authorized by Section 52.001 of the Texas Local Government Code. 6. EFFECTIVE DATE This Ordinance shall be effective immediately upon passage and publication. 7. PROPER NOTICE & MEETING It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public, and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Texas Government Code, Chapter 551. PASSED & APPROVED this, the 24th day of October 2012, by a vote of 3 (ayes) to 2 (nays) to 0 (abstentions) of the City Council of West Lake Hills, Texas. CITY OF WEST LAKE HILLS: by: Mayor Dave Claunch ATTEST: Janet Rogers, City Secretary Attachment A Code of Ordinances Chapter 22 Page 2 of 9
CODE OF ORDINANCES CHAPTER 22: BUILDING REGULATIONS ARTICLE 22.03: CONSTRUCTION CODE Division 1. Generally Sec. 22.03.001 Definitions Natural grade or natural ground grade. The elevation of the natural, existing and undisturbed surface of the ground as indicated on a field topographical survey showing one foot contour lines as determined by a surveyor or engineer registered in this state. Sec. 22.03.279 Height of structures Division 8: Dimensional Regulations (a) Prohibition. No person shall build, construct or erect a structure at a height greater than that shown on the schedule of regulations contained in section 22.03.281 as being permitted in the zoning district in which the structure is located. (Ordinance 163, att. A, adopted 9/9/09) (b) Measuring height. No part of any principal structure shall rise more than the maximum height shown on the schedule of regulations contained in section 22.03.281, above natural ground grade or original grade directly below. If the average natural slope in the area directly below the foundation of the principal structure is 25% or greater, than no part of any principal structure shall rise more than 32 above natural ground grade directly below. (b) Average natural grade. For each separate and distinct structure on the property, the average natural grade illustrated on a survey shall be calculated by averaging the elevations of equally spaced (every 10 feet) data points around the perimeter of the proposed footprint of such structure as indicated on a field topographical survey of the natural, existing and undisturbed earth as conducted by a surveyor or engineer registered in the state. For purposes of this section, a structure shall be considered separate and distinct from another structure if the two structures do not share a common structural wall. (Ordinance 229 adopted 10/26/11) Code of Ordinances Chapter 22 Page 3 of 9
(c) Measuring height. Height of a structure shall be measured from the average natural ground grade (as calculated in subsection (b) above) to the highest point on the structure and shall not exceed the maximum height shown on the schedule of regulations contained in section 22.03.281. (dc) Exposed foundations. Foundations with 4 vertical feet or more exposed must be concealed with dense, evergreen vegetative buffers if the exposed must be concealed with dense, evergreen vegetative buffers if the exposed foundation is readily visible from any street or property. (Ordinance 163, att. A, adopted 9/9/09) (ed) Roof appurtenances. All functional roof appurtenances and features such as electronic receiving devices, air-conditioning machinery, plumbing vents, and chimneys may exceed the maximum heights established in section 22.03.281(b) by no more than 6 feet. Chimneys may not have a horizontal component of more than 4 ft. If there is any dispute as to the functionality of a proposed roof appurtenance, the city administrator will make that decision subject to appeal to the city s board of adjustment. (Ordinance 217 adopted 6/8/11) Sec. 22.03.281 Schedule of Regulations See Exhibit A for changes to 22.03.281 Schedule of Regulations. Code of Ordinances Chapter 22 Page 4 of 9
Code of Ordinances Chapter 22 Page 5 of 9
CITY OF WEST LAKE HILLS AMENDMENT No. 252 Exhibit A SECTION 22.03.281 SCHEUDLE OF REGULATIONS IMPERVIOUS COVER AND SETBACKS Code of Ordinances Chapter 22 Page 6 of 9
SECTION 22.03.281 SCHEDULE OF REGULATIONS MINIMUM BUILDING SETBACK DISTANCE IN FEET FROM FRONT LOT LINE LOT SIZE / ZONING R1 R2 R3 O GUI B1 B2 B3 MUI GREATER THAN OR EQUAL TO.5 ACRES 50 50 50 50 50 50 50 (IV)(a) ( C ) LESS THAN.5 ACRES 30 30 N/A 30 30 30 30 N/A N/A MINIMUM BUILDING SETBACK DISTANCE IN FEET FROM REAR LOT LINE LOT SIZE / ZONING R1 R2 R3 O GUI B1 B2 B3 MUI GREATER THAN OR EQUAL TO.5 ACRES 30 30 50 40 40 40 40 (IV)( C ) ( C ) LESS THAN.5 ACRES, GREATER THAN OR EQUAL TO.375 ACRES 30 25 30 25 N/A 30 30 30 30 N/A N/A LESS THAN.375 ACRES - ZERO 15 (E,D)/ 30 20 15 (E,D)/ 30 20 N/A 30 30 30 30 N/A N/A MINIMUM BUILDING SETBACK DISTANCE IN FEET FROM SIDE LOT LINES LOT SIZE / ZONING R1 R2 R3 O GUI B1 B2 B3 MUI GREATER THAN OR EQUAL TO.5 ACRES 25 25 50 (I) (I) (I) (I) (IV)( C ) ( C ) LESS THAN.5 ACRES, GREATER THAN OR EQUAL TO.375 ACRES 20 20 N/A II II II II N/A N/A LESS THAN.375 ACRES - ZERO 15 (E,D)/ 20 15 (E,D)/ 20 N/A II II II II N/A N/A D. NO PORTION OF THE STRUCTURE IN AN EXTENDED SETBACK SHALL BE TALLER THAN 16' ABOVE NATURAL GRADE E. IF THE PROPOSED BUILDING IS A ONE STORY STRUCTURE, THE LESSER SETBACK DISTANCE APPLIES. IF ANY PORTION OF THE BUILDING IS A TWO STORY STRUCTURE, THE GREATER SETBACK DISTANCE APPLIES Code of Ordinances Chapter 22 Page 7 of 9
MAXIMUM IMPERVIOUS COVER IN % OF LOT AREA LOT SIZE / ZONING R1 R2 R3 O GUI B1 B2 B3 MUI GREATER THAN OR EQUAL TO.5 ACRES 25% 25% 25% (IX) III III III V C LESS THAN.5 ACRES, GREATER THAN OR EQUAL TO.2 ACRES A, B A, B N/A N/A N/A N/A N/A N/A N/A A. THE FOLLOWING FORMULA APPLIES: P = (SIZE OF ACRE EXPRESSED AS A WHOLE NUMBER AND DECIMAL) X (.5) - (.5) EXAMPLE: P= (.25 ACRES) (.5) -.5 P= (.125) -.5 = -.375% P= 37.5% ALLOWABLE IMPERVIOUS COVER FOR A.25 ACRE LOT B. IN ORDER TO RECEIVE AN INCREASE IN ALLOWABLE IMPERVIOUS COVER OVER 25%, THE PROPERTY MUST BE CONNECTED TO THE CITY S WASTEWATER SERVICE C. WHERE 50% OF THE BUILDING FOOTPRINT EXISTS ON NATURAL SLOPES GREATER THAN 25%, THE MAX ALLOWABLE HEIGHT SHALL BE PERMITTED TO INCREASE BY 2-0. Code of Ordinances Chapter 22 Page 7 of 9