The purpose of this article is to describe lot development standards for both residential and nonresidential lots. This section contains standards on lot size, minimum setback requirements, and maximum building heights in order to provide for a variety of housing and land development patterns and to meet the diverse needs of the current and future residents of Universal City, all in a manner consistent with the goals and objectives set forth in the Future Land Use Plan. This article also contains standards on maximum impervious cover, both for entire subdivisions as they are developed and for individual lots as they are built upon. The impervious cover standards are essential in order to manage or avoid the adverse effects of excessive quantity and degraded quality of urban storm water runoff, increased erosion of downstream channels and waterways, reduced interception and absorption of rainfall and runoff by the soil and vegetative cover, increased reradiating of excessive heat from large pavement surfaces, and other related problems that can arise as a result of intensive urban development.

(Ord. No. 581, § 6, 1-22-07)

Table 2 identifies the standards for lots within each zoning district that have been identified in Sections 4-5-41, 4-5-42, and 4-5-43.

(1)

Maximum Development Density. Each residential Zoning District provides a maximum number of dwelling units per acre that can be placed on a tract. In many cases, the total number of units that can be placed on a site, after considering the land area needed to accommodate infrastructure and environmental factors (right-of-way, drainage, floodplains, steep slopes, impervious cover limitations, minimum lot size standards, yard setbacks, and maximum lot coverage) will be less than the amount based simply on the maximum development density.

(2)

Maximum Impervious Cover. Each Zoning District has a maximum impervious cover that limits the intensity of development over the entire tract or proposed subdivision. The formula for computing Maximum Impervious Cover is a two-step process, as follows:

a.

The Net Site Area is Computed. The Net Site Area is calculated by summing those portions of the tract or subdivision that are readily developable-land outside of floodplain areas and having a flat or moderately sloping surface. It is defined as follows:

1.

One hundred (100) percent of land with a gradient of fifteen (15) percent or less and located outside of the 100-year floodplain; and

2.

Fifty (50) percent of the land with a slope of more than fifteen (15) percent and not more than twenty-five (25) percent and located outside the 100-year floodplain; and

3.

All land with a slope of more than twenty-five (25) percent and located outside the 100-year floodplain.

In other words:

Net Site Area = Gross Site Area - (100-year floodplains +100% at 25% slope or greater outside of floodplain +50% of land area with 15%-25% slopes outside of floodplain) + dedicated floodplain

b.

The Maximum Impervious Cover is Applied to the Net Site Area. The maximum impervious cover, measured in percent, is multiplied by the Net Site Area to calculate the Total Allowable Impervious Cover for the entire tract or proposed subdivision.

In other words:

Maximum Impervious Cover (%) X Net Site Area (sq. ft.) = Total Allowable Impervious Cover (sq. ft.)

Impervious cover includes the infrastructure for the development (streets, sidewalks, parking areas, walkways, etc.) plus specific improvements on each lot (buildings, driveways, patios, accessory buildings). Retaining walls and condenser unit pads are excluded from this calculation.

(3)

Maximum Lot Coverage. Each buildable residential lot has a Maximum Lot Cover, expressed as a percentage, which represents the maximum percent of impervious surface area allowed on a lot within each particular Zoning District. It is computed as the total amount of impervious surface on the lot divided by the total lot area. Impervious surfaces on a lot include buildings, driveways, garages, porches, patios, private walks, accessory buildings, and any other impervious surfaces constructed on the lot. Building coverage is measured from the faces of the walls, not the eaves of the roof.

(4)

Lot Dimension Standards.

a.

Minimum Lot Area. Minimum Lot Area is the minimum amount of square footage allowed within a lot, based on its zoning district classification.

b.

Minimum Lot Width. The Minimum Lot Width is the minimum width of a lot (in feet), measured parallel to and along the front property line.

c.

Setback Measurements. Side yard setbacks are measured from the side lot line with no vertical obstructions within the setback. Front and rear yard setbacks are measured from the front and rear lot lines, respectively.

d.

Width to Depth Ratio. The average depth of any lot shall not exceed four (4) times the average width of the lot.

(Ord. No. 581, § 6.1, 1-22-07)

Table 2: Lot Design Standards

Notes:

* Zero lot line, patio, and garden homes shall have a minimum twenty-foot front yard setback for the garage.

1. Maximum Lot Cover Percentages for individual residential lots must also meet requirements in Section 3-4-43—Parking on Front Yard Areas Prohibited; exception; penalty.

2. Maximum Lot Cover Percentages for individual residential lots shall include in the calculation impervious coverage by all accessory structures.

3. Decks and patios shall be considered impervious surfaces and included in the Maximum Lot Cover Percentages calculation. However, a deck and/or patio may be determined to be pervious or permeable upon review by the Building Official and, if so, shall not be included in the Maximum Lot Cover Percentages calculation.

4. In-ground and above-ground swimming pools shall be considered accessory structures and count toward the Maximum Lot Cover Percentages requirements.

⁁ For all commercial zoning districts (C1—C5), the Maximum Impervious Cover may be increased to eighty-five (85) percent provided that a Green Space is provided along the street front(s) of each lot. The Green Space area shall be calculated as follows:

1. Average depth shall be determined by dividing the square footage of the tract by the length of property frontage [Tract Sq. Ft./Frontage = Avg. Depth].

2. Corner lots shall provide landscaping along both street fronts by calculating the average depth with the frontage on each respective street.

3. The calculated Green Space area shall be determined using five (5) percent of the average depth up to a maximum of fifteen (15) feet [Avg. Depth × 5% = Calculated Green Space].

The Green Space shall meet the following conditions:

1. The election to proceed with the eighty-five (85) percent maximum lot coverage shall be noted on any subdivision plats and/or plans submitted to the City.

2. The Green Space shall be irrigated.

3. The landscaping and irrigation plans shall be submitted with the construction plans. All landscaping and irrigation shall be installed prior to a final inspection on construction projects.

4. Driveways and sidewalks are allowed within the Green Space.

5. Plantings must be drought tolerant and disease resistant. Use of gravel, pebbles, rocks, and boulders shall be not more than ten (10) percent of the Green Space areas.

(Ord. No. 581, § 6.2, 1-22-07; Ord. No. 581-A-2007, § I(6.2), 7-3-07; Ord. No. 581-H-2014, § I, 3-18-14; Ord. No. 581-U-2020, § 1, 9-1-20)

An accessory structure refers to a subordinate structure located on the same lot as the principal structure, the use of which is incidental to that of the principal structure. An accessory structure can only be located on a lot if there is an existing principal structure on the same lot. The size, bulk, and location of accessory structures are limited according to the following table (Table 3). In every case, the maximum lot coverage and maximum impervious cover specified for each district under Table 2 shall apply.

Table 3: Accessory Structures

Notes:

General note: The maximum lot coverage found in Table 2 applies in all cases.

1. As listed or ten (10) percent of the rear yard, not to exceed two hundred fifty (250) square feet. Note swimming pools are exempt from this requirement as long as the property complies with the maximum lot cover requirement.

2. As listed or the depths of the setbacks of existing lots on the same side of the street.

3. Off-street parking (i.e. driveways), utility service, sidewalks, walkways, uncovered pool decking, and park use are always allowable and do not count towards the requirements of this table, except these items cannot be placed in any easement. Above-ground pool decking cannot encroach the accessory structures setbacks identified in Table 3. These items do count towards the Maximum Lot Cover Percentages requirements, as applicable. Determination of an accessory structure lies at the discretion of the Zoning Administrator.

4. No permanent accessory structures or items identified in Note 3 above shall be placed in any easement.

5. Only one (1) shed is allowed per residential lot, which shall not exceed two hundred fifty (250) square feet. A shed shall not be used for human occupancy. If an accessory structure is intended for human occupancy, then the homeowner, tenant or contractor shall contact the Development Services Department.

6. In accordance with the Texas Accessibility Standards and the International Building Code, the clear width of a walking surface adjacent to an in-ground swimming pool or spa shall be thirty-six (36) inches minimum—measurement is from edge of the water. Note this is not a zoning requirement.

7. Structure separation: the International Building Code, International Residential Code and International Fire Code determine the required separation between accessory structures and principle structures. Typically, the separation is ten (10) feet, but exceptions may apply.

8. In-ground and above-ground swimming pools shall be considered accessory structures and count towards the Maximum Lot Cover Percentages requirements identified in Section 4-5-62.

(Ord. No. 581, § 6.3, 1-22-07; Ord. No. 581-V-2020, § 1, 9-1-20)

(1)

Planned Unit Development (PUD) Regulations.

(a)

Development Plan. Development requirements for the PUD Zoning District shall be set forth in the Development Plan and/or Development Agreement and shall include, at a minimum, the purpose and intent of the PUD Zoning District, uses, density, building height, building setbacks, limits of construction, building elevations, parking, vehicular and pedestrian access, streets and circulation, screening, landscaping, environmental protection, signage, lighting, phasing or scheduling, and other requirements as required by the Ordinances effective at the time, or as the City Council may deem appropriate. The application will be required to specify the extent to which deviation from otherwise applicable ordinance requirements is justified by unique characteristics of the site or other circumstances. In the case of residential PUDs, the proposed lot size shall not be smaller than the lot size allowed in the base District except for minor changes in a small percentage of the lots in order to provide improved design.

The following information shall be shown on the Development Plan in a schematic form and at a scale satisfactory to the Director of Development Services with a reduced reproducible print of the approved drawing suitable for duplication as an exhibit to the PUD ordinance:

1.

Proposed land uses including uses to be prohibited.

2.

Existing natural features and existing topography at a maximum of five-foot contour intervals.

3.

Location of proposed buildings, building envelopes, or building setbacks.

4.

A tabulation of proposed dwelling unit density in residential areas.

5.

A tabulation of proposed floor area ratios and maximum heights of proposed buildings.

6.

Proposed circulation systems, including preliminary street cross sections.

7.

Proposed public parks, greenbelts and other open space.

8.

Proposed public facilities, i.e., school sites, fire station, etc.

9.

Location and type of proposed landscaping, including existing landscaping.

(b)

Development Plan Required. An application for the establishment of a PUD District shall be accompanied by a Development Plan meeting the standards of this section which, as approved by the City Council, shall become a part of the ordinance zoning or rezoning the land as a PUD.

(c)

Compatibility with Base Zoning District. A PUD is designed to be used in conjunction with a base Zoning District. An application for PUD zoning shall specify the base District and the uses proposed. If no base zoning exists, the base zoning shall be that zoning designation that is most similar to or compatible with the uses proposed for the PUD. Any uses not permitted in the base District shall be specifically identified. Upon approval of the PUD zoning, the standards and requirements of the base District shall apply unless specifically superseded by the standards and requirements of the PUD zoning ordinance.

(d)

Compliance with Applicable City Ordinances. The granting of a PUD Zoning District shall not relieve the developer from responsibility of complying with all other applicable Sections of this chapter, and other Ordinances and ordinances of the City of Universal City unless such relief is specified in the approved Development Plan.

(2)—(4)

Reserved.

(5)

Randolph Compatible Use Zone Overlay Regulations. Properties located within the Randolph Compatible Use Zone Overlay are subject to the requirements of the Air Installation Compatible Use Zone for Randolph Air Force Base. This requirement specifies Clear Zones, in which no land use activity may take place, APZ I Zones, which enable limited industrial, commercial, recreation and open space use, and APZ II Zones, which permit all uses except Public/Quasi Public.

Specific restrictions pertaining to the AICUZ are found with the Randolph AFB Public Affairs Office and are incorporated by reference to this chapter. Interpretation and determination of permitted uses shall be made on a case-by-case basis by the Director of Development Services. Final determination is subject to review by the Air Force AICUZ Administrator.

(Ord. No. 581, § 6.4, 1-22-07; Ord. No. 581-A-2007, § I(6.4.2.2, 6.4.3.2, 6.4.4.2), 7-3-07; Ord. No. 581-L-2017, § II, 10-4-17)

(1)

Regulations. The lawful use of any building, structure, tenant space (as separated by fire partitions) or land existing on the effective date of this ordinance [chapter] (January 22, 2007) may be continued, although such use does not conform with the provisions of this ordinance; provided, however, the right to continue such nonconforming use shall be subject to all of the following regulations:

(a)

Normal repairs and maintenance may be made to a nonconforming building or structure; provided that no expansions shall be made except those required by law or ordinance or those necessary for installing or enclosing required sanitary facilities, such as toilets and bathrooms. A nonconforming use may be enlarged or changed by horizontal expansion upon, but not beyond, the tract or lot of record upon which it is located as of the date such a use becomes nonconforming; and any enlargement or expansion shall not encroach upon any open space upon such lot that would be required as a yard if the use were a conforming use in the district in which it is located.

(b)

A nonconforming building or structure shall not be moved in whole or in part unless every portion of such building or structure is made to conform to all regulations of the district in which it is to be located.

(c)

A vacant, nonconforming building or structure lawfully constructed before the date of enactment of this ordinance may be occupied by a use for which the building or structure was designed or intended, if so occupied within a period of one hundred twenty (120) days after the effective date of this ordinance [chapter]. The use of a nonconforming building or structure lawfully constructed before the date of enactment of this ordinance [chapter], which becomes vacant after the effective date of this article, may be reoccupied for the use for which the building or structure was designed or intended, if so occupied within a period of one hundred twenty (120) days after the building or structure becomes vacant. All such buildings, after one hundred twenty (120) days of vacancy, shall be converted to a conforming use. Vacant shall mean the absence of characteristic furnishings, equipment, and personnel. The status of utility connections and accounts may be used in determining vacancy.

(d)

A nonconforming building or structure which is damaged or destroyed, whether partially or fully, by fire, flood, wind, explosion, earthquake, or other calamity or act of God may be restored to its nonconforming use provided that a building permit is acquired within a period of two (2) years from the date of the fire, flood, wind, explosion, earthquake, or other calamity or act of God. The Board of Adjustments may grant a variance to extend the said two-year period provided that the request is made not later than sixty (60) days prior to the date it elapses.

(2)

Change or Expansion Prohibited. The nonconforming use of a building or structure may be continued as hereinafter provided:

(a)

The nonconforming use of a building or structure may not be changed to a use which does not conform to the requirements of the district in which it is situated.

(b)

A nonconforming use of a conforming building or structure shall not be extended or expanded into any other portion of such conforming building or structure, nor changed except to a conforming use. If such nonconforming use or portion thereof is voluntarily discontinued or changed to a conforming use, any future use of such building or structure or portion thereof shall conform to the regulations of the district in which such building or structure is located.

(3)

Continuation of Existing Uses. The nonconforming use of land existing at the time of the effective date of this article may continue as hereinafter provided:

(a)

A nonconforming use of land shall not be expanded, extended or changed to some other use not in compliance with the regulations of the district in which the land is situated.

(b)

If a nonconforming use of land or any portion thereof, is voluntarily discontinued for a period of one hundred twenty (120) days any future use of such land or portion thereof, shall be in conformity with the regulations of the district in which such land or portion thereof is located.

(4)

Abandonment. Except for subsection (1)(d) of this section the nonconforming use of a building, structure or land which has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned when:

(a)

The intent of the owner to discontinue the use is apparent; or

(b)

The characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within one hundred twenty (120) days; or

(c)

A nonconforming building, structure or land which is or hereafter becomes vacant and remains unoccupied for a period of one hundred twenty (120) days; or

(d)

A nonconforming use has been replaced by a conforming use.

(5)

Change in District Boundaries. Whenever the boundaries of a zoning district shall be changed so as to transfer an area from one (1) district to another district, or when the boundaries of districts are changed as the result of annexation of new territory, or changed in the regulations or restrictions of this chapter, the foregoing provisions relating to nonconforming uses shall also apply to any uses existing therein which may become nonconforming.

(Ord. No. 581, § 6.5, 1-22-07; Ord. No. 581-B-2007, § I, 12-18-07)

(1)

General. Any accessory use may be permitted provided that it is customarily associated with a primary use that may be permitted by right consistent with this chapter. The establishment of such accessory uses shall be consistent with the following standards:

(a)

The accessory use shall be subordinate to and serve a primary use or principal structure;

(b)

The accessory use shall be subordinate in area, extent or purpose to the primary use served;

(c)

The accessory use shall be located within the same Zoning District as the primary use; and

(d)

Accessory uses located in Residential Districts shall not be used for commercial purposes other than Home Occupations in compliance with zoning and other applicable regulations.

(2)

Home Occupations.

(a)

General. A Home Occupation is that accessory use of a dwelling that shall constitute all or some portion of the livelihood of a person or persons living in the dwelling. The Home Occupation shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the dwelling or adversely affect the uses permitted in the District of which it is a part.

(b)

Home Occupation Types. Home Occupations are permitted subject to the occupation meeting the following provisions:

1.

Be conducted entirely within a dwelling or integral part thereof and have no outside storage of any kind related to the home occupation;

2.

Be clearly incidental and secondary to the principal use of the dwelling;

3.

Be conducted only by persons residing on the premises (nonresident employees are not permitted);

4.

Does not affect the residential character of the dwelling nor cause the dwelling to be extended;

5.

Deliveries by commercial vehicle occur only between the hours of 8:00 a.m. and 6:00 p.m.;

6.

Create no disturbing or offensive noise, vibration, smoke, dust, odor, heat, glare, unhealthy or unsightly condition, traffic, or parking problem;

7.

The home occupation shall not result in the off-street or on-street parking of more than two (2) vehicles at any one (1) time not owned by members of the occupant family; and

8.

Involve no on-site retail sales or services.

(Ord. No. 581, § 6.6, 1-22-07)

(1)

General.

(a)

All day care facilities shall meet the minimum state requirements for such facilities.

(b)

No portion of such play or instruction area shall be located within the required front yard area of the property. Such areas may be located in side or rear yards.

(c)

Outdoor play or instruction area shall be enclosed by an opaque fence or hedge no less than six (6) feet in height.

(d)

An opaque fence no less than six (6) feet in height shall also be provided along any rear or side property line adjoining any residential use in a residentially zoned District not used for a similar purpose.

(e)

Day care facilities in residential zoning districts may only operate between the hours of 6:00 a.m. and 7:00 p.m. Day care facilities in C1 may only operate between the hours of 6:00 a.m. and 10:00 p.m. Hours of operation are not limited for day care facilities in other Nonresidential Zoning Districts.

(2)

Family Day Care.

(a)

Number of children: A family day care home shall provide regular care to no more than four (4) children under fourteen (14) years of age, excluding children who are related to the caretaker, and provides care after school hours for not more than six (6) additional elementary school children, but the total number of children, including those related to the caretaker, shall not exceed twelve (12) at any given time.

(b)

Number of employees: A family day care shall employ only residents of the premises, including all paid and unpaid care providers.

(c)

Off-street parking: Two (2) off-street parking spaces are required for family day care.

(3)

Group Day Care.

(a)

Number: A group day care home shall provide regular care for between four (4) and twelve (12) adults or children for less than twenty-four (24) hours a day.

(b)

Signs: Signs shall be in accordance with the regulations for the District in which the facility is located.

(c)

Off-street parking and loading: Four (4) off-street parking spaces and a paved, off-street drive-through loading zone with a minimum width of ten (10) feet and a holding capacity of at least three (3) eighteen-foot long vehicles, exclusive of parking spaces, shall be provided for each group day care home.

(4)

Commercial Day Care.

(a)

Number: A day care center shall provide regular care to any number of adults or children for less than twenty-four (24) hours a day.

(b)

Signs: Signs shall be in accordance with the regulations for the District in which the facility is located.

(c)

Off-street parking and loading: Day care centers shall provide one (1) parking space per teacher, administrator, or day care provider plus one (1) off-street parking space for every five hundred (500) square feet of heated area in the facility. Loading zones must be off-street, drive-through and paved to a minimum width of ten (10) feet and a maximum width of twenty (20) feet. Loading zones shall have a holding capacity of one (1) vehicle per five hundred (500) square feet of heated area in the facility, exclusive of parking spaces, provided that no facility shall be required to have a loading zone with a capacity in excess of six (6) spaces for eighteen-foot long vehicles.

(d)

Play yard, playground equipment and pools: Play yard, playground equipment and pools shall be located in the rear of the property and screened from adjacent single-family property by a six-foot solid privacy fence.

(Ord. No. 581, § 6.7, 1-22-07)

(1)

Purpose and Applicability. Temporary uses, as set forth below, are declared to have characteristics which require certain controls in order to insure compatibility with other uses in the District within which they are proposed for location. The following temporary uses may not be commenced until the applicant obtains a Temporary use Permit from the City Manager or his/her designee. The permit specifies the specific use, the period of time for which it is approved, and any special conditions attached to the approval. The provisions of this section relating to Temporary Use Permits are adopted in accordance with the Texas Local Government Code Chapter 211.

(2)

Criteria for Approval. The Temporary Use Permit, if granted, may include conditions placed upon the development of the property. The Director of Development Services shall consider the following, at a minimum, in conjunction with its deliberations for approval or denial of the application and the establishment of conditions:

(a)

Consistency with the Future Land Use Plan.

(b)

Conformance with applicable regulations in this chapter and standards established by the regulations.

(c)

Compatibility with existing or permitted uses on abutting sites, in terms of building height, bulk, scale, setbacks and open spaces, landscaping and site development, and access and circulation features.

(d)

Potentially unfavorable effects or impacts on other existing or permitted uses on abutting sites, to the extent that such impacts exceed those which reasonably may result from use of the site by a permitted use.

(e)

Modifications to the site plan which would result in increased compatibility or would mitigate potentially unfavorable impacts or would be necessary to conform to applicable regulations and standards and to protect the public health, safety, morals and general welfare.

(f)

Safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use.

(g)

Protection of persons and property from erosion, flood or water damage, fire, noise, glare and similar hazards of impacts.

(h)

Location, lighting and type of signs; and relation of signs to traffic control and adverse effect on adjacent properties.

(i)

Adequacy and convenience of off-street parking and loading facilities.

(3)

Temporary Use Permit Required. The following uses may be permitted subject to the issuance of a temporary use permit:

(a)

No permit shall be required for seasonal uses such as pumpkin sales and Christmas tree sales provided such uses operated as part of a school or place of worship.

(b)

Sales Offices and Model Homes are pursuant to the following standards:

1.

A model home may be located within any Zoning District provided it is located within the legal subdivision for which lots are being sold.

2.

In addition, the sales office occupying the model home shall only market homes within the legal subdivision in which the model home is located.

3.

A conditional Certificate of Occupancy to operate the model home as a sales office may be issued, and will expire after twelve (12) months unless it is renewed by the respective business. The burden to demonstrate that the conditions of approval still exist lies with the applicant/owner. There is no limit to the number of extensions that may be applied for and considered.

(c)

Business offices, construction offices or sales facilities where construction of a permanent facility is being diligently completed, provided that the structure is in compliance with all other applicable codes and ordinances.

(d)

Private farmers' markets.

(e)

Portable classroom buildings situated on school property, provided that all other applicable codes and ordinances are met. Portable classroom buildings shall be inspected by the Chief Building Official and may be granted up to a twenty-four-month certificate of occupancy, which may be renewed. The burden to demonstrate that the conditions of approval still exist lies with the owner/applicant, and there is no limit to the number of extensions that may be applied for and considered by the City Council.

(f)

General Outdoor Storage (ref. Section 4-5-83(3))

(g)

Similar temporary uses which, in the opinion of the Director of Development Services are compatible with the district and surrounding land uses.

(Ord. No. 581, § 6.8, 1-22-07)