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Home My WebLink AboutORD 2000-40 - Patios & SetbacksORDINANCE NO. C lc9ao� V0. WHEREAS, in accordance with the Constitution and laws of the State of Texas, including particularly the Local Government Code, Chapter 212, Municipal Regulation of Subdivisions and Property Development; and in accordance with the Charter of the City of Georgetown, Texas, hereinafter referred to as "City", the City is authorized to develop regulations for the subdivision and development of land in the territorial jurisdiction of the City, including the corporate limits, extraterritorial jurisdiction and other areas as permitted by law; and WHEREAS, the "Subdivision Regulations of the City of Georgetown", hereinafter referred to as "Regulations", were initially adopted by the City Council of the City of Georgetown on February 14, 1988, and have been periodically revised since that date; and WHEREAS, the City Council the City Council reviewed proposed reduction of the building line setback requirements for back-to-back corner lots and the addition of an exception for open patios in side and rear building setback areas, and recommended that a public hearing be held to consider revision of the City's development regulations for development in the territorial jurisdiction of the City of Georgetown, including the corporate limits, extraterritorial jurisdiction and other areas as permitted by law; and WHEREAS, the Planning and Zoning commission held a public hearing and recommended adoption of the proposed reduction of the building line setback requirements for back-to-back comer lots and the addition of an exception to allow open patios in side and rear building setback areas at their meeting on June 6, 20001 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements the following policies of the Century Plan - Policy Plan Element: 1. Governmental Affairs Policy 6.0 which states "A high level of cooperation and involvement exists among Georgetown's citizens and governmental organizations"; and 2. Growth and Physical Development Policy 3.0 which states "Citizens, business owners. and organizations enjoy the benefit of a well-planned community in which conflicting needs are balanced"; Subdivision Regulations Revision: Patios and BL Setback Ordinance No.2Q=411) Page 1 of 4 J:iCUR PLANIBUBREGVREV-200018-T-B -i.ORO and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan, SECTION 2. Exhibit A relating to the reduction of the building line setback requirements for back-to-back corner lots and Exhibit B relating to adding an exception to allow open patios in side and rear building setback areas is hereby adopted by the City Council of the City of Georgetown, Texas, SECTION 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTION 4. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 5. Any person(s) or firm or corporation who shall violate any provision of this ordinance, or shall fail to comply therewith, shall be deemed guilty of a Class C misdemeanor, and upon conviction thereof, shall be punishable. Each day a violation shall continue shall be deemed to be a separate offense to the maximum fine allowed by State law for Class C misdemeanors. SECTION 6. The Mayor is hereby authorized to sign this Ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in ten (10) days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the 22nd day of August, 2000. PASSED AND APPROVED on Second Reading on the 12th day of September, 2000, ATTES Sandra D. Lee City Secretary D AS TO FORM: Marianne Landers Banks City Attorney Subdivision Regulations Revi ion: Patios and BL Setback � Ordinance No.0_40 JACUR PLAN1SUBREGS`.REV•20001B-T•B -1.0RD CITY OF GEORGET Mayor W I N: Page 2 of 4 EXHIBIT yt PROPOSED i1 ! REVISIONS TO THE GEORGETOWN SUBDIVISION REGULATIONS Modify Section 34020 F. 4. as follows:... "except that on back-to-back corner lots the setback on the common side yard can be reduced to fifteen (95) feet when the owners of both properties agree and provided that a garage facing the side street must be set back not less that 20 feet. Section 34020 F. Corner Lots 1. Lots having frontage on two (2) or more intersecting streets shall be classified as corner lots. 2. Corner lots adjacent to streets of equal classification shall have only one (1) access driveway on either of the intersecting streets, except as otherwise approved by the Commission. 3. Corner lots adjacent to streets of unequal classification shall access the lower classification street only and only one (1) drive approach shall be allowed, except as otherwise approved by the Commission. 4. The building setback line for all corner lots shall conform to the minimum requirements for the land use designated but shall never be less than twenty-five (25) feet from an existing or proposed street right-of-way, except that on back-to-back comer lots the setback on the common side yard can be reduced to fifteen (15) feet provided (1) the owners of both properties agree and 2) any garage facing the side street must be set back not less that 20 feet. 5. Corner residential lots shall be ten (10) feet wider than the average interior lot on the same block. Subdivision Regulations Revision: Patios and BL Setback Ordinance No. ,:242 2 �.V '�5XI) ibi -J- A J:iCUR PLAN\SUBREGSUREV.200018-T-B -t.ORD Page 3 of 4 EXHIBIT B PROPOSED JULY, 2000 REVISIONS TO THE GEORGETOWNSUBDIVISION r Modify section 34020 G. 2. to allow "Open patios located at least three (3) feet from the property line and screened by a six (6) foot tall privacy fence." Section 34020 G. Building Lines. Each property line of each lot shall have a building setback line which runs parallel to the property line. The front and rear building setback lines shall run between the side lot lines. The side building setback lines shall extend from the front building setback line to the rear building setback line. The minimum distance from the lot line to its corresponding building setback line for each designated land use shall conform to Table 34020. 1. All building setback lines shall be indicated on the subdivision plat. The area between the property line and the building line shall be the required yard area. No structure or impervious construction shall be allowed in the front yard area except for the following: a. Fences and screens in accordance with Sections 37000-37999 of these regulations; b. Driveways and sidewalks as allowed herein; c. Utility distribution lines and appurtenances within dedicated easements and rights-of-way; and/or d. Drainage structures. 2. No structures or impervious construction shall be allowed in required side or rear building setback areas except for the following accessory structures on one (1), two (2) or three (3) family residential lots: a. Swimming pools located at least three (3) feet from the property line and screened by a six (6) foot tall privacy fence. b. Playscapes not taller than nine (9) feet above mean grade, located at least three (3) feet from the property line and screened by a six (6) foot tall privacy fence. c. Satellite dishes or telecommunications devices not taller than nine (9) feet above mean grade, located at least three (3) feet from the property line and screened by a six (6) foot tall privacy fence. d. Driveways to side entry garages. e. Open patios located at least three (3) feet from the property line For purposes of this section, "patio' is defined as a level surfaced area without walls and a roof. A patio attached to the principal structure cannot be elevated above the first floor level of the principal structure; a free-standing patio cannot be elevated more than 12 inches above grade level. Subdivision Regulations Revision: Patios and BL Setback Ordinance No. C�ZOOQs O F xx1?1bif 3 J:kCUR_PLAN%SUBREGSIREV-20=B-T-B_-t.ORD Page 4 of 4