HomeMy WebLinkAboutOrd 218 Adopting the Unified Development CodeORDINANCE NO. 218
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, ADOPTING A UNIFIED
DEVELOPMENT CODE FOR THE TOWN, PROVIDING A SEVERABILITY CLAUSE; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, Newman, Jackson, Bieberstein, Inc., J. Dennis Wilson
& Associates, Metroplex Engineering Consultants, Inc., and the Town
Attorney were engaged by the Board of Aldermen to assist the Town
in preparing a Unified Development Code for the Town; and
WHEREAS, the consultant team prepared such a document, held
briefing meetings and obtained the input from various property
owners in Westlake and presented the proposed Code to the Board of
Aldermen and Planning and Zoning Commission at various work
sessions held by those bodies; and
WHEREAS, the Unified Development Code addresses all the
requirements that an owner, builder, subdivider, or developer must
comply with when land is subdivided, developed, or built upon; NOW,
THEREFORE,
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE,
TEXAS:
SECTION 1. The TOWN OF WESTLAKE UNIFIED DEVELOPMENT CODE,
May, 1994, attached hereto as Exhibit "A" be and the same is hereby
adopted and designated as the Unified Development Code for the Town
of Westlake. The Town has previously adopted a new Comprehensive
Zoning Ordinance, Ordinance No. 200, and a Floodplain Management
Ordinance, Ordinance No. 207, and if there are any conflicts
between this Ordinance and Ordinance No. 200 or Ordinance No. 207,
then the provisions in Ordinance No. 200 or Ordinance No. 207, as
the case may be, shall take precedence over the provisions in this
Ordinance.
SECTION 2. It is hereby declared to be the intention of the
Town Board of Aldermen that the sections, clauses, and phrases of
this Ordinance and the Unified Development Code are severable, and
if any phrase, clause, sentence, paragraph or section of this
Ordinance or the Unified Development Code shall be declared void,
ineffective or unconstitutional by the valid judgment or decree of
any court of competent jurisdiction, such voidness, ineffectiveness
or unconstitutionality shall not affect any of the remaining
phrases, clauses, sentences, paragraphs or sections of this
Ordinance or the Unified Development Code since the same would have
been enacted by the Town Board of Aldermen without the
incorporation hereof of any such void, ineffective or
unconstitutional phrase, clause, sentence, paragraph or section.
Ordinance No.
Unified Development Code
Page Two (2)
PASSED AND APPROVED this the day of May, 1994.
SCOTT BRADLEY, MAYOR
TOWN OF WESTLAKE, TE7,AS
ATTEST:
GERIV WH E, TOWN SECRETARY
APPROVED AS TO LEGAL FORM:
PAUL C. ISHAM, TOWN ATTORNEY
WESTLAKE UNIFIED DEVELOPMENT CODE
TABLE OF CONTENTS
ARTICLE I. GENERAL PROVISIONS
1. Short Title
2 . Authority
3 . Jurisdiction
4 . Purposes
5 . Effective Date and Applicability
6. Applicability of Existing Regulations
7 . Relationship to Comprehensive Plan, Thoroughfare Plan
and Open Space Plan
8 . Compliance with Code Required
9 . Diagrams and Drawings
10. Severability
ARTICLE II. AUTHORITY
1. Governing Body
2 . Sequence of Review
3 . Boards, Commissions, Agencies
4 . Initiation of Administrative Procedures
5 . Submittal and Acceptance
6 . Authority to Initiate a Request
7 . Application Withdrawal
8 . Conduct of Public Hearings
9 . Public Hearing - Planning and Zoning Commission
10. Public Hearing - Board of Aldermen
11. Planning and Zoning Commission
12 . Zoning Board of Adjustment
13 . Town Planner
14 . Chief Building Official
15 . Procedure in Planning and Zoning
Cases/AdditionalInformation Submitted
16 . Computation of Time
ARTICLE III. ZONING DISTRICTS AND MAP
1. Zoning Map
2 . Rules for Interpreting Boundaries
3 . Purpose of Zoning Districts
4 . Regulations Applicable to all Districts
5. Listing of Approved Planned Developments
6. Listing of. Approved Specific Use Permits
7 . Listing of Approved Special Districts
8 . Zoning Upon Annexation
July 8, 1992 Table of Contents Westlake Unified Development Code - Page 1
ARTICLE IV. PERMISSIBLE USES
1 . Use Charts
2 . Accessory Uses and Structures
3 . Temporary Structures
4 . Satellite Dishes
5. Farm Animals and Horses
6 . Servants/Caretakers Quarters
7 . Temporary Accommodation for Employees, Customers and
Visitors
8 . Utility Distribution Lines
9 . Access to Roadways
10 . New and Unlisted Uses
ARTICLE V. ZONING DISTRICT DEVELOPMENT STANDARDS
1. General
2 . Residential Districts - General
3 . Commercial Districts - General
4 . District Development Standards
5 . Specific Use Permits (SUP)
ARTICLE VI. PARKING AND LOADING STANDARDS
1. Purpose
2 . Applicability
3 . General Provisions
4 . Minimum Paving Requirements on Private Property
5 . Minimum Paving Requirements for Construction on Public
Right-of-way
6. Residential Parking
7 . Off-Street Parking Requirements
8 . Satellite Parking Requirements
9 . Off-Street Loading Requirements
ARTICLE VII. PERFORMANCE STANDARDS
1. Purpose
2 . Applicability
3 . Glare
4 . Noise
5 . Smoke and Particulate Matter
6. Odorous Matter
7 . Toxic and Noxious Matter
8 . Vibration
9 . Fire or Explosive Hazard Material
10. Air and Water Outlets at Gasoline Service Stations
June 11, 1992 Table of Contents Westlake Unified Development Code - Page 2
ARTICLE VIII. LANDSCAPE STANDARDS
1. Purpose
2 . Applicability
3 . Procedures
4 . Landscape Development Standards
A. General
B. Open Space
C. Thoroughfare Landscape Easements
D. Thoroughfare Median Landscape Development
E. Landscaping Interior :--o Parking Lots
F. Screening of Loading and Service Areas
G. Acceptable Landscape Materials
5 . Irrigation Requirements
6. Landscape Completion Requirements
7 . Landscape Maintenance Requirements
ARTICLE IX. TREE PRESERVATION STANDARDS
1. Purpose
2 . Removal of Protected Trees
3 . Removal Permit
4 . Tree Protection During Construction
5. Mitigative Measures
ARTICLE X. FLOOD PLAIN AND ESCARPMENT REGULATIONS
1. Purpose
2 . Applicability
3 . General Provisions
4 . Administration
5. Vegetation Alteration in Floodplain
6. Uses and Structures Permitted
7 . Filling in the Floodplain
8 . Floodplain Permit Procedures
9 . Provision for Flood Hazard Reduction
ARTICLE XI. DRAINAGE
1. Purpose
2 . Applicability
3 . Procedures
4 . Policies
5 . Design Standards
6. Off-Site Drainage, Easements, and Construction
June 11, 1992 Table of Contents Westlake Unified Development Code Page 3
ARTICLE XII. SIGN STANDARDS
1. Purpose
2 . Objective
3 . Sign Definitions
4 . General Provisions
5 . Interpretation
6 . Projection over Public Property or Public Way
7 . Signs Necessitated by Considerations of Health, Welfare
and Safety
8 . Alarm Device Signs
9 . Construction Signs
10. Temporary Sign Regulations
11 . Removal of Sign and Display Cases
12 . Time Limitation of Approved Applicatins
13 . Signs and Display Cases Within the Commercial Districts
14 . Signs Within the Residential Districts
15 . General Construction Requirements
16 . Signs Erected Upon or Anchored to Fire Wall or Coping
17 . Glazing: Strength of Glass
18 . Obstruction of Lighting and Utilites
19 . Obstructing Fire Escapes Prohibited
20. Placement on Another's Property
21. Placement on Vehicles
22 . Placement of Outdoor Advertising on Trees, Rocks, Etc.
23 . Prohibited Advertising Devices
24 . Functions of the Board of Aldermen
ARTICLE XIII. PLATTING
1. Purpose
2 . Applicability
3 . Pre-Application Conference
4 . Application Required
5 . Preliminary Plat Submittal
6. Preliminary Plat Approval
7 . Final Plat Submittal
8 . Plat Vacations and Replats
9 . Final Plat Approval and Recordation
10. Standard Plat Wording
11. Exceptions and Appeals
12 . Construction Requirements
ARTICLE XIV. ZONING-RELATED APPLICATIONS
1. General
2 . Planned Development (PD) Changes and Requirements
3 . Required Conceptual Plan
4 . Required Site Plan
June 22, 1992 Table of Contents Westlake Unified Development Code Page 4
ARTICLE XV. ENFORCEMENT
1. Compliance Required
2 . Notice of Intent to Suspend or Revoke
3 . Suspension or Revocation of Permit
4 . Suspension or Revocation of Permit Conditioned by a
Variance or Special Exception
5. Suspension and Revocation of Site Plan, Specific Use
Permit or Subdivision Construction/Engineering Plan
6 . Suspension and Revocation of Certificate of Occupancy
7 . Cease and Desist Order
8 . Appeal of Cease and Desist Order, Revocation or
Suspension
9 . Criminal Enforcement
10. Civil Remedies
ARTICLE XVI. DEFINITIONS
1. Intent
2 . Definitions
APPENDIX
A. Thoroughfare Plan and Standards
B. Open Space Plan
C. Landscape Standards
D. Parking Lot Standards
E. Summary of Land Use Provisions
F. Planned Development Districts
G. Special Use Permits
H. Special Districts
I . Application Forms
Zoning
Special Use Permit
Site Plan Approval
Plat Approval
Building Permit
J. Fee Schedule
June 17, 1992 Table of Contents Westlake Unified Development Code Page 5
ARTICLE I. - GENERAL PROVISIONS
SECTION 1. - SHORT TITLE
This Ordinance shall be known and may be cited as the Unified
Development Code of the Town of Westlake, or simply as the
Unified Development Code, UDC, or as referenced in this
document as the "Code" .
SECTION 2 . - AUTHORITY
The Unified Development Code is adopted pursuant to the powers
granted to the Town and subject to any limitations imposed by
the Constitution and laws of the State of Texas.
SECTION 3. - JURISDICTION
The provisions of this Unified Development Code apply
generally to all property within the corporate limits of the
Town of Westlake and to the lands subject to its zoning
jurisdiction as conferred by State law. Those provisions
pertaining to the subdivision of land, and those regulations
adopted for the primary purpose of protecting water quality or
to afford flood protection, apply to all property within the
Town's corporate boundaries and to all property within its
extraterritorial jurisdiction (ETJ) , as established by Texas
Local Government Code Chapter 42 and Chapter 212 . References
to jurisdictions or the applicability of specific development
regulations appearing elsewhere in this Unified Development
Code take precedence over this jurisdictional statement in the
event of a conflicting interpretation.
SECTION 4 . - PURPOSES
The Unified Development Code is adopted for the following
purposes:
A. to protect, promote, improve and provide for the public
health, safety, and general welfare of the citizens of
the Town of Westlake;
B. to ensure the safe, orderly and efficient development and
expansion of the Town of Westlake in accordance with and
pursuant to its Comprehensive Plan, Thoroughfare Plan,
and Open Space Plan;
C. to conserve, develop, protect and utilize natural
resources, including but not limited to topography,
vegetation, flood plain and other resources, in keeping
with the public interest;
June 8, 1992 1. General Provisions Westlake Unified Development Code - Page 1
D. to prevent the overcrowding of land and avoid undue
concentration or diffusion of population or land uses;
E. to protect and preserve places and areas of historical,
cultural or architectural importance and significance to
the community;
F. to protect and conserve the value of land throughout the
town and the value of buildings and improvements upon the
land, and to minimize the conflicts among the uses of
land and buildings.
G. to provide for open spaces through the most efficient
design and layout of the land;
H. to prevent the pollution of air and water, to assure the
adequacy of drainage facilities, to safeguard water
resources and to preserve the integrity and aesthetic
quality of the community;
I . to lessen congestion in the streets and provide
convenient, safe and efficient circulation for vehicular
and pedestrian traffic;
J. to facilitate the adequate and efficient provision of
transportation, water, wastewater, schools, parks, public
safety and recreational facilities, and other public
facilities and services; and
K. to treat in one unified text those areas of regulation
more typically dealt with in separate ordinances such as,
but not exclusively, the zoning ordinance, the
subdivision rules and regulations, the sign ordinance,
etc.
SECTION 5. - EFFECTIVE DATE AND APPLICABILITY
The Unified Development Code takes effect upon adoption of
this Ordinance by the Board of Aldermen. The provisions of
this Code supersedes all other development regulations
governing the development of land within the Town. All
development applications and proposals filed on or after the
effective date of this ordinance, whether for new developments
or for add-ons or expansions of existing developments, shall
be processed in accordance with the standards and requirements
and pursuant to the procedures herein established.
SECTION 6. - APPLICABILITY OF EXISTING REGULATIONS
All existing unexpired, valid building permits, plats, and
technically reviewed site plans, which are complete and duly
June 8, 1992 I. General Provisions Westlake Unified Development Code - Page 2
filed prior to enactment of the Unified Development Code in
accordance with development regulations in effect prior to
adoption of these regulations, shall be processed under
procedures therein established, and shall be evaluated and
approved or disapproved under the standards and requirements
contained in such regulations, notwithstanding the adoption of
the Unified Development Code. (Those plats which were
complete and duly filed prior to adoption of this Code shall
only be exempt from meeting any new lot width, depth, or
square footage requirements. ) Those site plans which were
technically reviewed and approved by the Planning and Zoning
Commission and/or the Board of Aldermen prior to the adoption
of this Code shall be exempt from meeting any new requirements
for two years after the adoption of this Code provided a
bonafide building permit for the improvements has been applied
for prior to the expiration of two (2) years after the
adoption of this Code.
SECTION 7 . - RELATIONSHIP TO COMPREHENSIVE PLAN, THOROUGHFARE PLAN
AND OPEN SPACE PLAN
The Unified Development Code is intended to implement the
policies and objectives contained in the Comprehensive Plan,
Thoroughfare Plan, and Open Space Plan for the Town and to
affect the Town's plan for provision of public facilities and
services within town limits and within the Town's
extraterritorial jurisdiction. If a zoning or rezoning
request differs from what the Comprehensive Plan, Thoroughfare
Plan, or Open Space Plan recommends for that area, the Town
Planner will advise applicant of this and will request
applicant to submit a written letter. This letter will
request the Town Planner to prepare and process the necessary
exception or amendment to the Plan. The Town will process
this request concurrently with the (re) zoning case at no
additional cost to the applicant.
SECTION S. - COMPLIANCE WITH CODE REQUIRED
All development of land within the incorporated boundaries of
the Town of Westlake or its extraterritorial jurisdiction as
applicable, shall conform to the requirements of the Unified
Development Code, and no person may use, occupy, sell or
develop land, buildings or other structures, or authorize or
permit the use, occupancy, sale or development of land,
buildings or other structures under his/her control, except in
accordance with all applicable provisions of this Code.
Within the Town of Westlake's extraterritorial jurisdiction,
no person may sell or develop land, or authorize or permit the
sale or development of land, except in accordance with all
applicable provisions of this Code.
June 8, 1992 I. General Provisions Westlake Unified Development Code - Page 3
SECTION 9 . - DIAGRAMS AND DRAWINGS
This Code contains diagrams and drawings. When diagrams and
drawings appear in this Code, they are presented for
explanation purposes only unless specifically referred to in
the text of this Code. The text governs over any diagram or
drawing when any discrepancy exists.
SECTION 10 . - SEVERABILITY
All sections, paragraphs, sentences, clauses, and phrases of
this ordinance are severable, and if any such section,
paragraph, sentence, clause or phrase is declare
unconstitutional or otherwise invalid in any court of
competent jurisdiction in a valid judgment or decree, such
unconstitutionality or invalidity shall not cause any
remaining section, paragraph, sentence, clause, or phrase of
this ordinance to fail or become inoperative.
June 8, 1992 I. General Provisions Westlake Unified Development Code - Page 4
ARTICLE II. - AUTHORITY AND ADMINISTRATIVE PROCEDURES
SECTION 1. - GOVERNING BODY
The Board of Aldermen, as the governing body of the Town,
shall have such authority as is consistent with State law, and
the ordinances of Westlake, to initiate, undertake, and decide
all legislative matters pertaining to the regulation of the
use and development of land, which is the subject of the
Unified Development Code, including but not limited to
enactment or amendment of Code provisions ; approval,
disapproval or modification of amendments to the zoning map;
and authorization of planned developments and specific use
permits.
If authorized in the Code, the Board of Aldermen shall also
have the authority to review and decide appeals from decisions
of the commissions, boards, and administrative officers, or
exceptions to the Code otherwise authorized by these
regulations in accordance with the procedures established
herein.
SECTION 2 . - SEQUENCE OF REVIEW
Where the recommendations from boards or commissions are
required by this Code, or otherwise by law, prior to action by
the Board of Aldermen, no application for development approval
shall be placed on the Board's agenda for decision until such
recommendations are available for consideration by the Board
of Aldermen. Such recommendations are not binding on the
Board of Aldermen and the Board may decide a matter contrary
to the recommendations of such boards or commissions.
Where an applicant requests a variance from a provision of
this Code in conjunction with an application for amendment of
the Official Zoning Map, the variance shall be considered by
the Board of Aldermen at the same time that it considers the
request for the zoning change.
SECTION 3. - BOARDS, COMMISSIONS, AGENCIES/APPOINTMENT, TERM,
AND PROCEDURES
All meetings of any board or commission shall be open to the
public. Each board or commission shall keep accurate minutes
of each meeting which shall be forwarded to the Town Secretary
within ten (10) days following each meeting. Such board or
commission shall keep an accurate record of the names of the
members who are present and absent from their meetings. When
public hearings are necessary or required, notice of the
July 8, 1992 II. Authority and Administrative Procedures Westlake Unified Development Code - Page 1
public hearings and the conduct of the same will be in
compliance with the requirements of the Local Government Code
and this Code.
Each board or commission shall establish its own attendance
rules, regulations and method of enforcement which may include
automatic removal from office unless in conflict with State
law, or this Section. Each member of a board or commission
shall be at least eighteen (18) years of age and a resident of
the Town during his/her term of office. Any appointee ceasing
to be a resident immediately forfeits his/her office on a
board or commission.
SECTION 4 . - INITIATION OF ADMINISTRATIVE PROCEDURES
All platting, zoning and site plan requests to be considered
by the Planning and Zoning Commission and/or the Board of
Aldermen, shall be initiated by filing an application with the
Town. All requests for building permits shall be initiated by
the filing of an application with the Town. The applications
required by this section shall be on forms supplied by the
Town of Westlake, and shall be available in the offices of the
Town.
SECTION 5. - SUBMITTAL AND ACCEPTANCE
No application shall be processed until such application is
complete and the fee established in this Code or Ordinances of
the Town of Westlake for processing the application has been
paid.
SECTION 6. - AUTHORITY TO INITIATE A REQUEST
All platting, zoning and site plan requests, and/or requests
to amend the Comprehensive Plan or the Thoroughfare Plan may
be initiated by the owner of the affected property or his/her
authorized representative who files the required application
and pays the appropriate fee for the request, or the Board of
Aldermen may direct the Town Planner to initiate such a
request on behalf of the Town.
Amendments to the text of the Unified Development Code shall
be initiated only by action of the Board of Aldermen directing
the Town Planner to initiate such a request on behalf of the
Town or by Town Planner's own initiative.
Vacancies and special exceptions to be considered by the Board
of Aldermen may be initiated by the owner of the affected
property or his/her authorized representative or any aggrieved
party who files the required application and pays the
appropriate fee, or by any person aggrieved by an
July 8, 1992 H. Authority and Administrative Procedures Westlake Unified Development Code - Page 2
administrative officer with authority over any matter
appealable to the Board of Aldermen per Section 12 of this
Article, or by an officer, or appropriate board of the Town.
SECTION 7 . - APPLICATION WITHDRAWAL
Any request for withdrawal of an application must be submitted
in writing to the Town Secretary.
Once an application for a platting, zoning, or site plan
request to be considered by the Planning and Zoning Commission
and/or Board of Aldermen, or a variance, special exception or
appeal going before the Board of Aldermen has been published
in a newspaper or notifications of public hearing, if any,
have been mailed, such request for withdrawal must be placed
on the public hearing agenda and acted upon by the applicable
body.
Application fees are not refundable except in cases in which
the Town Planner determines that an application was accepted
in error, or the fee paid exceeded the amount due under the
provision of this Code or the ordinances of the Town of
Westlake, in which case the amount of the overpayment may be
refunded to the applicant.
SECTION 8. - CONDUCT OF PUBLIC HEARINGS
Whenever a public hearing is held, written notice shall be
mailed to the appropriate parties and notice shall be
advertised in a newspaper of general circulation in the Town
in accordance with the applicable requirements of the Local
Government Code. If the Local Government Code does not
provide notice requirements for a public hearing on a
particular subject matter, written notice shall be mailed to
all appropriate parties no later than ten (10) calendar days
prior to the date of the public hearing.
A. Public Hearing Postponement, Recess, and Continuations.
1. A public hearing for which notice has been given
may be postponed by announcing the postponement at
or after the time and place the hearing is
scheduled to begin.
2 . A public hearing may be recessed and continued any
time after the hearing has commenced.
3 . If a postponement or continuance of a public
hearing is to a specific date and time no later
than 60 days from the first or most recent hearing,
the announcement of the postponement or continuance
July 8, 1992 II. Authority and Administrative Procedures Westlake Unified Development Code - Page 3
at the public hearing in which the application has
been postponed or continued shall be sufficient
notice and no additional notice is required.
4 . Postponed or continued public hearing shall be
presumed to be held in the same location, unless a
different location for the hearing is announced at
the time of the postponement or continuance.
5. In the event that any request or amendment is being
considered, whether or not a public hearing is
involved, and it is continued at the request of the
applicant more than one (1) time, an additional fee
shall be required as established by the ordinance
setting fees.
6. If the applicant is not present at a meeting where
the request is being considered and the request
cannot be considered, then an additional fee shall
also be required.
B. Conduct of Public Hearing
Subject to the presiding officer's inherent authority to
conduct meetings, the public hearing shall generally be
conducted as follows:
1. Report by the Town representative;
2 . Presentation by the applicant;
3 . Testimony by parties supporting the application;
4 . Testimony by parties in opposition to the
application;
5 . Rebuttal by the applicant;
6 . Closure of the public hearing.
SECTION 9 . - PUBLIC HEARING - PLANNING AND ZONING COMMISSION
A. The Planning and Zoning Commission shall conduct a public
hearing and make recommendations to the Board of Aldermen
on the following matters:
1 . Text Amendments to the Unified Development Code.
July 8, 1992 II. Authority and Administrative Procedures Westlake Unified Development Code - Page 4
2 . Zoning Changes and Map Amendments, including
reclassification of the zoning designations on
land, specific use permits, and planned
developments .
3 . Site Plans for development.
4 . Amendments to the Comprehensive Plan.
5 . Amendments to the Thoroughfare Plan.
6 . Amendments to the Open Space Plan.
7 . Replats, when such public hearing is required by
the provisions of Local Government Code Section
212 .
B. Commission Recommendation
Upon the closure of the public hearing, the Planning and
Zoning Commission shall make a recommendation to the
Board on the subject application. The Commission may
recommend:
1. That the request or amendment be approved or
enacted; or
2 . That the request or amendment be approved or
enacted as modified to a more restrictive
classification or subject to appropriate conditions
as permitted by law.
3 . That the request of amendment be denied.
SECTION 10 . - PUBLIC HEARING - BOARD OF ALDERMEN
A. The Board shall conduct a public hearing and make
determinations on the following matters:
1 . Text Amendments to the Unified Development Code.
2 . Zoning Changes and Map Amendments, including
reclassification of the zoning designations on
land, specific use permits, and planned
developments.
3 . Site plans for development.
4 . Amendments to the Comprehensive Plan.
5 . Amendments to the Thoroughfare Plan.
July 8, 1992 II. Authority and Administrative Procedures Westlake Unified Development Code - Page 5
6 . Amendments to the Open Space Plan.
7 . Variances, special exceptions and appeals.
B. Board Approval or Denial
Following the closure of the public hearing, the Board
may take the following actions:
1. The Board may approve the request or amendment
either as requested, or in the form of a more
restrictive district, and subject to such
appropriate conditions as are allowed by law. Such
approval of any request for a text amendment to the
Unified Development Code or a zoning change and map
amendment shall be granted only if the Board
determines that the request or amendment is
consistent with the Comprehensive Plan and the
purposes of the Unified Development Code. In the
event the request or amendment concerns a text
amendment to the Unified Development Code or a
zoning change and map amendment, the Board shall
enact an ordinance amending the Unified Development
Code or amending the official Zoning Map, whichever
is applicable.
2 . The Board may deny the request or amendment with
prejudice. If a request or amendment is denied
with prejudice, a new application may be submitted
for the same lot or tract of land, or any portion
thereof, within one year only if the new request is
for a more restrictive or less intense use or
development. Unless the new proposal is more
restrictive or less intense than the previously
denied proposal, then no other application
pertaining to a change of zoning and map amendment
may be submitted on the same lot or tract of land,
or any portion thereof for a period of one (1) year
from the date of its denial by the Board. If a
request or amendment is denied by the Board without
an indication of "with" or "without" prejudice,
then the action shall be considered to be "denied
with prejudice" .
3 . The Board may deny the request or amendment without
prejudice, in which case an application for a
change in zoning and map amendment other than that
which was requested on the original application may
be filed at the applicant's discretion.
July 8, 1992 H. Authority and Administrative Procedures Westlake Unified Development Code - Page 6
4 . A proposal to rezone a tract or parcel of land
which has been previously rejected by the Board may
be resubmitted within one year only if there is an
actual change in conditions relating to zoning
principles of the tract or parcel of land or the
property surrounding it. In that event, the
applicant must submit to the Town Planner, in
writing, a resume describing such changed
conditions. The Town Planner shall investigate the
property or cause such an investigation to be made
and shall report to the Planning and Zoning
Commission whether or not such changed conditions
exist. Upon hearing said report, the Planning and
Zoning Commission shall either grant or deny the
request to refile the proposal for rezoning.
C. Protest of Proposed Change in Zoning
Property owners adjacent to and within a radius of two
hundred (200) feet of a property for which a change in
zoning is being considered have the right to file a
written protest against the request. The land area of
this two hundred (200) feet radius includes streets,
alleys and other public right-of-way.
Whenever such written protest is signed by the owners of
twenty (20) percent or more of the area of the lots or
land included in such zoning change, or of the lots or
land immediately adjoining the same and within the above
mentioned two hundred (200) fee radius, such change in
zoning shall not become effective except by a favorable
vote of three-fourths (3/4) of all the members of the
Board.
For purposes of determining representation on said
written protest, the written protest of any one owner of
land owned by two or more persons shall be presumed to be
the protest of all owners.
SECTION 11. - PLANNING AND ZONING COMMISSION
A. Creation and Membership
There is hereby created a Planning and Zoning Commission
for the Town of Westlake consisting of three (3) members,
each to be appointed by the Board for a term of two (2)
years and removable for cause. Each member shall
continue to serve until their successors are appointed
and qualified.
July 8, 1992 II. Authority and Administrative Procedures Westlake Unified Development Code - Page 7
B. Powers and Duties
The Planning and Zoning Commission shall have the
following powers and duties:
1. to serve as an advisory body to the Board of
Aldermen concerning adoption of or amendments to
the zoning regulations and zoning map and to make
recommendations thereon;
2 . to advise the Board and make recommendations
concerning adoption of, or amendments to the Town's
Comprehensive Plan, Thoroughfare Plan, and Open
Space Plan and implementation thereof;
3 . to administer the Town's regulations governing the
platting and recording of subdivisions, including
matters pertaining to the dedication of public
facilities, and to advise the Board on matters
pertaining to public improvements, traffic, utility
extensions and the provision of public facilities
and services, in order to implement the Town's
Comprehensive Plan;
4 . to undertake such actions as are necessary to
exercise its delegated powers, as indicated by
adopted ordinance;
5 . to approve certain matters relating to platting and
recording of subdivisions as dictated by the Town's
ordinances and this Code.
SECTION 12 . - VARIANCES, SPECIAL EXCEPTIONS AND APPEALS
A. Jurisdiction
When in its judgment, the public convenience and welfare
will be substantially served and the appropriate use of
the neighboring property will not be substantially or
permanently injured the Board of Aldermen may, in
specific cases, after public notice and public hearing,
and subject to appropriate conditions and safeguards
authorize the following special exceptions to the
regulations herein established.
1 . Permit the expansion or enlargement of a building
occupied by non-conforming use on the lot or tract
occupied by such building provided such
reconstruction does not prevent the return of such
property to a conforming use. Upon review of the
July 8, 1992 II. Authority and Administrative Procedures Westlake Unified Development Code - Page 8
facts, the Board may establish a specific period of
time for the occupancy to revert to a conforming
use.
2 . Permit such modifications of the height, yard,
area, coverage and parking regulations as may be
necessary to secure appropriate development of a
parcel of land which differs from other parcels in
the district by being of such restricted area,
shape, or slope that it cannot be appropriately
developed without such modification.
3 . Require the discontinuance of non-conforming areas
of land or structures under any plan whereby the
full value of the structure and facilities can be
amortized within a definite period of time, taking
into consideration the general character of the
neighborhood and the necessity for all property to
conform to the regulations of this Code.
a. All actions to discontinue a non-conforming
use of land or structure shall be taken with
due regard for the property rights of the
persons affected when considered in the light
of the public welfare and the character of the
area surrounding the designated non-conforming
use and the conservation and preservation of
property.
b. The Board shall from time to time on its own
motion or upon cause presented by interested
property owners inquire into the existence,
continuance or maintenance of any non-
conforming use within the Town.
4 . Permit the construction, reconstruction,
enlargement or addition of a structure occupied by
or for a use, normally ancillary to a single family
residential use, when such single family
residential use or structure, is legally
nonconforming, provided, however, such
construction, reconstruction, enlargement or
addition does not prevent the return of such
property to a conforming use.
5 . The Board is not authorized to permit or approve
any request that would be in violation of any other
ordinances or Town regulations that would prohibit
such improvement or construction to be made.
July 8, 1992 II. Authority and Administrative Procedures Westlake Unified Development Code - Page 9
6 . Consider an appeal from any person aggrieved by a
decision of any administrative officer with
authority over any matter regulated by this Unified
Development Code or by any officer, department,
board or division of the Town affected by any
decision of the administrative officer. Such
appeal shall be taken, within fifteen (15) calendar
days after the decision has been rendered by the
administrative officer, by filing with the officer
from whom the appeal is taken and with the Board of
Aldermen a notice of appeal specifying the grounds
therefor, tendering with such notice the amount in
accordance with the fee schedule established in
Exhibit J "Fee Schedule" of this Code.
The officer from whom the appeal is taken shall
forthwith transmit to the Board all the papers
constituting the record upon which the action
appealed from was taken.
An appeal shall stay all proceedings of the action
appealed from unless the officer from whom the
appeal is taken certifies to the Board, after the
notice of appeal shall have been filed with such
officer that by reason of facts stated in the
certificate, that a stay would, in such officer's
opinion, cause imminent peril to life or property.
In such case, proceedings shall not be stayed
otherwise than by restraining order which may be
granted by the board or by a court of record on
application, and notice to the officer from whom
the appeal is taken of due cause shown.
7 . To authorize the reconstruction and occupancy of a
non-conforming structure, or a structure containing
a non-conforming use, where such structure has been
damaged by fire or other causes to the extent of
more than fifty (50) percent, but less than the
total, of the replacement cost of the structure on
the date of the damage. Such action by the Board
of Aldermen shall have due regard for the property
rights of the person or person affected, and shall
be considered in regard to the public welfare,
character of the area surrounding such structure,
and the conservation, preservation and protection
of property.
8 . To authorize the enlargement, expansion or repair
of a non-conforming structure in excess of fifty
(50) percent of its current value. In such
July 8, 1992 II. Authority and Administrative Procedures Westlake Unified Development Code - Page 10
instance, current value shall be established at the
time of application for a hearing before the Board.
If such expansion or enlargement is approved by the
Board, all provisions of the district in which such
structure is located shall apply to the new
construction on the lot or parcel .
9 . To authorize a change of use from one non-
conforming use to another non-conforming use,
provided that such change is to a use of the same
or more restricted classification. In the event
that a non-conforming use is changed to a non-
conforming use of a higher or more restrictive
classification, the building or structure
containing such non-conforming use shall not later
be reverted to the former lower or less restricted
classification. The Board may establish a specific
period of time for the conversion of the occupancy
to a conforming use.
10 . To authorize the occupance of an abandoned
nonconforming structure. Such action by the Board
shall have due regard for the property rights of
the person or persons affected, and shall be
considered in regard to the public welfare and
safety, character or the area surrounding such
structure, and the conservation, preservation and
protection of property.
B. Criteria for Granting Variances and Exceptions
The Board of Aldermen, pursuant to the powers conferred
upon it by State law, the ordinances of the Town, and
this Article may grant variances and exceptions to the
provisions of this Code upon finding that:
1. Such variance or exception will not substantially
or permanently injure the appropriate use of
adjacent property in the same district; and
2 . Such variance or exception will not adversely
affect the health, safety or general welfare of the
public; and
3 . Such variance or exception will not be contrary to
the public interest; and
4 . Such variance or exception will not authorize the
operation of a use other than those uses
specifically authorized for the district in which
July 8, 1992 II. Authority and Administrative Procedures Westlake Unified Development Code - Page 11
the property for which the variance is sought is
located; and
5 . Such variance or exception will be in harmony with
the spirit and purpose of this ordinance; and
6 . Such variance or exception will not alter the
essential character of the district in which is
located the property for which the variance is
sought; and
7 . Such variance or exception will not substantially
weaken the general purposes of the zoning
regulations established for the district in which
the property is located; and
8 . The plight of the owner of the property for which
the variance or exception is sought is due to
unique circumstances existing on the property,
including but not limited to the area, shape or
slope, and the unique circumstances were not
created by the owner of the property and are not
merely financial, and are not due to or the result
of general conditions in the district in which the
property is located; and
9 . The variance or exception is not a self-created
hardship.
C. Actions of the Board
In exercising its powers, the Board, may, in conformity
with the provisions of the Local Government Code, revise
or reform, wholly or partly, or may modify the order,
requirement, decisions, or determination appealed from,
and shall have all the powers of the officer from whom
the appeal is taken including the power to impose
reasonable conditions to be complied with by the
applicant.
The concurring vote of four (4) members of the Board
shall be necessary to revise any order, requirements,
decision or determination of any such administrative
official, or to decide in favor of the applicant on any
matter upon which it is required to pass under this
Ordinance or to affect any variance in said ordinance.
1 . Any special exceptions authorized by the Board,
either under the provisions of this Code, or under
the authority granted to the Board under the
statutes of the State, shall authorize the issuance
July 8, 1992 11. Authority and Administrative Procedures Westlake Unified Development Code - Page 12
of a building permit or a certificate of occupancy
or other relief as the case may be for a period of
ninety (90) days from the date of the favorable
action on the part of the Board, unless said Board
in its minutes shall, at the same time, grant a
longer period.
2 . If a building permit or certificate of occupancy
shall not have been applied for or issued within a
ninety (90) day period or as the Board may
specifically grant, the special exceptions shall be
deemed waived; and all rights thereunder
terminated.
3 . Such termination and waiver shall be without
prejudice to a subsequent appeal to said Board in
accordance with the rules, and regulations
regarding appeals.
D. Appeals on Same Matter
No appeal to the Board of Aldermen shall be allowed
concerning the same matter prior to the expiration of six
(6) months from a ruling of the Board on any appeal to
such body unless other rulings on the same or similar
subject matter have, within such six-month period, been
altered or changed by ruling of the Board, in which case
such change of circumstances shall permit the allowance
of an appeal, but shall in no way have force in law to
compel the Board after a hearing to grant such subsequent
appeal, but such appeal shall be considered on its merits
as in all other cases.
E. Effective Date
A decision on a variance shall be effective upon approval
by the Board.
F. Appeal from Board
Any person aggrieved by any decision of the Board of
Aldermen or any officer, department, or board of the
municipality pursuant to this Section, may present to a
court of record, a petition, duly verified, setting forth
that such decision is illegal, in whole or in part,
specifying the grounds of such illegality.
Such petition shall be presented to the court within ten
(10) days after the filing of the decision complained of
in the office of the Town Secretary and not thereafter.
July 8, 1992 H. Authority and Administrative Procedures Westlake Unified Development Code - Page 13
SECTION 13 . - TOWN PLANNER
The Town Planner shall have the following powers and duties:
A. to make recommendations and provide assistance to the
Board of Aldermen and Commission concerning exercise of
their responsibilities under the Unified Development
Code;
B. to develop and recommend to the Planning and Zoning
Commission, and the Board of Aldermen, a Comprehensive
Plan for the Town and to propose actions to implement the
plan;
C. to coordinate all planning relating to the Town's
Comprehensive Plan;
D. to render such administrative decisions as are required
of the Town Planner by this Code;
E. to perform such other duties as may be prescribed by
ordinance or directed by the Board of Aldermen or
Planning & Zoning Commission.
SECTION 14 . - CHIEF BUILDING OFFICIAL
The Chief Building Official shall have the following powers
and duties:
A. to issue permits in accordance with this Code;
B. to issue Certificates of Occupancy in accordance with
this Code;
C. to enforce the provisions of this Code;
D. such other powers and duties as may be lawfully
delegated.
The Board of Aldermen may designate the Town Engineer to
perform the duties of the Chief Building Official .
SECTION 15. - PROCEDURE IN PLANNING AND ZONING CASES/
ADDITIONAL INFORMATION SUBMITTED
New matters of evidence not present to the Planning and Zoning
Commission shall not be heard or considered by the Board in
its public hearings related to amendments to the zoning
ordinance and maps to the Town.
July 8, 1992 II. Authority and Administrative Procedures Westlake Unified Development Code - Page 14
In the event new evidence develops between the date of the
hearing by the Planning and Zoning Commission and the hearing
of the Board on any zoning change, or if for any other valid
reason a person wishes to present evidence to the Board which
had not been presented to the Planning and Zoning Commission,
the Board shall refer the case back to the Planning and Zoning
Commission for further hearings to consider the new evidence.
Nothing contained herein shall be construed to prohibit anyone
from speaking in the public hearing related to changes in
zoning.
SECTION 16 . - COMPUTATION OF TIME
Unless otherwise specifically provided, the time within which
an act is to be done shall be computed by excluding the first
and including the last day. If the last day is a Saturday, a
Sunday or a legal holiday as observed by the Town of Westlake,
that day shall be excluded. Whenever a person has the right,
or is required to perform some act within the prescribed
period, after the service of a notice or other paper upon him
and the notice or paper is served by mail, three calendar days
shall be added to the prescribed time, unless otherwise
specifically provided.
July 8, 1992 H. Authority and Administrative Procedures Westlake Unified Development Code - Page 15
ARTICLE III.
ESTABLISHMENT OF ZONING DISTRICTS:
PROVISION FOR OFFICIAL ZONING MAP
SECTION 1. - ZONING MAP
A. Official Zoning Map - The Town of Westlake is hereby
divided into eleven (11) zones, or districts, as shown on
the Official Zoning Map which, together with all
explanatory matter thereon, is hereby adopted by
reference and declared a part of this ordinance. The
zones, or districts, hereby established are and shall be
known and cited as:
ZONING DISTRICTS
ABBREVIATED DESIGNATION ZONING DISTRICT NAME
1IR200" Country Residential
1IR40" Estate Residential
1IR20" Neighborhood Residential
1IR20C" Cluster Residential
"MF" Multi-Family Residential
"R" Retail
110" Office Park
110-H" Office Park - Hotel
110-I" Office - Industrial Park
"PD" Planned Development District
"S" Special
B. The Official Zoning Map shall be identified by the
signature of the Mayor attested by the Town Secretary,
under the following words:
"This is to certify that this is the Official
Zoning Map referred to in ARTICLE III of the
Unified Development Code, Ordinance No.
of the Town of Westlake, Texas" together with
the date of adoption of this ordinance.
C. When changes are made in district boundaries or other
matter portrayed on the Official Zoning Map, such changes
shall be entered on the Official Zoning Map by the Town
Secretary promptly after the amendment has been approved
by the Board of Aldermen, and the change shall note the
ordinance number and date that the change was approved.
D. No changes of any nature shall be made in the Official
Zoning Map or matter shown thereon except in conformity
July 8, 1992 III. Establishment of Zoning Districts Westlake Unified Development Code - Page 1
with the procedures set forth in this ordinance. Any
unauthorized change of whatever kind by any person or
persons shall be considered a violation of this
ordinance.
E. The original reproducible tracing of the Official Zoning
Map shall be located in the Office of the Town Secretary
in the Town Hall and shall be the final authority as to
the current zoning status of land and water areas,
building and other structures in the Town of Westlake.
F. The Board of Aldermen may by resolution adopt a new
Official Zoning Map should the original reproducible
tracing of the Official Zoning Map be damaged, destroyed,
lost or become ambiguous because of the nature or number
of changes and additions. The new Official Zoning Map
may correct drafting or other errors or omissions in the
prior Official Zoning Map, but no other correction shall
have the effect of amending the original Official Zoning
Map or any subsequent amendment thereof. The new
Official Zoning Map shall be identified by the signature
of the Mayor attested by the Town Secretary, under the
following words:
"This is to certify that this Official Zoning
Map supersedes and replaces the Official
Zoning Map adopted (date of adoption of Map
being replaced) as a part of the Unified
Development Code of the Town of Westlake,
Texas. "
G. Unless the prior Official Zoning Map has been lost, or
has been totally destroyed, the prior map or any
significant parts thereof remaining, shall be preserved,
together with all available records pertaining to its
adoption or amendment.
SECTION 2 . - RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES
Where uncertainty exists as to the boundaries of zoning
districts as shown on the Official Zoning Map, the following
rules shall apply:
A. Boundaries indicated as approximately following the
center lines of streets, highways, or alleys shall be
construed to follow center lines;
B. Boundaries indicated as approximately following platted
lot lines shall be construed as following lot lines;
June 8, 1992 III. Establishment of Zoning Districts Westlake Unified Development Code - Page 2
C. Boundaries indicated as following Town limit lines shall
be construed as following such Town limits;
D. Boundaries indicated as parallel to or extensions of
features indicated in Subsections a. through c. above
shall be so construed. Distances not specifically
indicated on the Official Zoning Map shall be determined
by the scale of the map;
E. Where physical or cultural features existing on the
ground are at variance with those shown on the Official
Zoning Map, or in other circumstances not covered by
Subsections A. and B. above, the Board shall interpret
the district boundaries.
SECTION 3 . - PURPOSE OF ZONING DISTRICTS.
A. Each zoning district herein established is provided for
a specific purpose and in accordance with a comprehensive
plan for the location of various types of uses throughout
the Town as follows:
1. "R200" , Country Residential District: This
district is intended to be composed of single
family dwellings on minimum lots of approximately
five (5) acres together with public schools,
churches, parks and open spaces essential to create
a rural residential character. These Country
Residential districts are intended to provide an
opportunity for rural character residential
development. It may also be used in areas with
steep topographic changes in order to minimize
alteration of the terrain.
2 . "R4011 , Estate Residential District: This district
is intended to be composed of single family
dwellings on minimum lots of approximately one (1)
acre for the subdivision together with schools,
churches, parks and open spaces. Such developments
offer the ability to develop at a higher density
without compromising the rural residential
character of the Town. This district may also be
used in certain areas to reduce the impact of
development on sites with distinct slopes.
3 . "R20" , Neiclhborhood Residential : This district is
intended to be composed of single family dwellings
on minimum lots of approximately a half acre,
together with public schools, churches, parks and
open spaces. It is intended to be applied to
relatively flat land where building sites may be
June 22, 1992 III. Establishment of Zoning Districts Westlake Unified Development Code - Page 3
created without the use of retaining walls and the
removal of significant amounts of vegetation or
mature trees.
4 . 1IR20C" Cluster Residential District: This district
is intended to be composed of single family
dwellings together with public schools, churches,
parks and open spaces. It is intended to allow for
the clustering of lots in order to preserve
vegetation, open space, topographical features and
natural floodplains. It may be applied to property
where an average gross density of up to 2 units per
acre is appropriate. This district should ensure
the preservation of natural features and amenities
while maximizing development.
5. "MF" , Multi-Family Residential District: This
district is intended to allow for multi-family
residential development in areas where additional
requirements for streets, utilities, drainage, open
space and landscaping are met. This district
requires approval of a site plan prior to
development.
6 . "R" , Retail District: This district is a retail
category intended to serve local residents and
businesses. The "R" District occurs most often at
limited corner locations at intersections of major
thoroughfares. Off-street parking requirements are
set out for business establishments in this
district as are the requirements for lot coverage.
7 . "O" , Office Park District: The purpose and
objective of this classification and its
application is to allow planned office parks
consisting of office buildings for business and
professional use, research and development
complexes, and buildings for accessory uses. Off-
street parking and lot coverage requirements are
set out in this district.
8 . "O-H" , Office Park - Hotel District: This district
is very similar to the "O" District, but permits
hotels and motels, conferencing centers and
training facilities, and restaurants in addition to
office buildings.
9 . "Of I" , Office Industrial District: The purpose of
this classification is to establish industrial
areas of high operational development and
environmental standards. Because there will be
June 22, 1992 III. Establishment of Zoning Districts Westlake Unified Development Code - Page 4
significant neighboring residential and office park
development, the district permits offices and
industries that are predominantly light in
character, have their operations conducted wholly
within buildings, minimize traffic congestion,
noise, glare, air pollution, fire and safety
hazards, and are compatible with adjacent land
uses.
10 . "PD" , Planned Development District:
The purpose of the Planned Development District is :
a. to provide flexibility in the planning and
construction of development projects by
allowing a combination of land uses developed
under a uniform plan or special land use
regulations which are consistent with the
Comprehensive Plan and community objectives;
b. to preserve the natural amenities and
environmental assets of the land, and the
rural character of the community;
C. to provide an appropriate balance between
intensity of development and the ability to
provide adequate supporting facilities and
services; and
d. to facilitate a more effective arrangement of
buildings, land uses and utilities, and to
protect contiguous land uses.
Any use or combination of uses listed in the Land
Use Schedule may be permitted within a planned
development district. The uses to be permitted in
any specific Planned Development District shall be
enumerated in the ordinance which created such a
district.
Each planned development district shall constitute
an amendment to the Zoning Ordinance. Certain
maximum and minimum standards will be specified for
various use categories and certain provisions such
as yards, coverage, and building spacing are to be
determined by the particular design. Specific
development conditions and schedules can be
enforced with respect to a "PD" , Planned
Development District and failure to adhere to a
development schedule can be the basis for removing
part or all of the "PD" , Planned Development
June 19, 1992 III. Establishment of Zoning Districts Westlake Unified Development Code - Page 5
District from the Zoning District Map. Besides the
purpose of achieving flexibility and variety in the
physical pattern of the Town of Westlake, this
district should encourage a more efficient use of
open space and appropriate use of land. It is
included so that cognizance may be taken of the
surrounding property and the proper protection of
such property be provided for in locating and
approving a "PD" , Planned Development District.
11. "S" , Special District: This district is designed
to provide flexibility to a landowner to develop a
tract of land under one of several alternative uses
so long as the requirements for that use are met.
The district requires the applicant (s) to make a
zoning request designating one of the uses
permitted in the district. The district requires
approval of a site plan prior to development.
SECTION 4 . - REGULATIONS APPLICABLE TO ALL DISTRICTS
The following regulations shall apply to all zoning districts
listed in ARTICLE III and hereinafter defined in this ARTICLE.
A. No land or building shall be used or intended for any use
other than those permitted in the district wherein such
land or building is located.
B. No building shall be erected, reconstructed, enlarged,
structurally altered, or moved, in such manner as to
evade conformity with height, bulk, yard, lot area, use,
and other regulations for the district wherein such
building is located.
C. Every building hereafter erected, reconstructed,
enlarged, structurally altered, or moved, shall be
located on a lot as herein defined, and in no case shall
there be more than one principal building on one lot.
D. No yard, provided adjacent to a building for the purpose
of complying with provisions of this zoning code, shall
be considered as providing any part of a yard for another
building on the same lot or on an adjacent lot.
E. No street or walkway shall serve as any part of a
required yard or minimum lot area although street rights
of way and open space may be used in determining
allowable units per acre in residential subdivisions.
June 19, 1992 III. Establishment of Zoning Districts Westlake Unified Development Code - Page 6
SECTION 5. - LISTING OF APPROVED PLANNED DEVELOPMENTS
Planned Developments that have been approved and appear on the
zoning maps are referenced by a Planned Development Number
(PD#) and the zoning district classification and/or uses
authorized by the particular zoning case. The listing of
approved Planned Developments will be documented in the
appendix of this Code and identified as Appendix A.
SECTION 6 . - LISTING OF APPROVED SPECIFIC USE PERMITS
Specific Use Permits that have been approved and appear on the
zoning maps are referenced by a Specific Use Number (SUP-#)
and the type of use authorized by those permits. The listing
of approved Specific Use Permits will be documented in the
appendix of this Code and identified as Appendix G.
SECTION 7 . - LISTING OF APPROVED SPECIAL DISTRICTS
Special Districts that have been approved and appear on the
zoning maps are referenced by a Special District Number (SD-#)
and the type of use authorized by those districts. The
listing of approved Special Districts will be documented in
the appendix of this Code and identified as Appendix H.
SECTION 8. - ZONING UPON ANNEXATION
Any territory annexed into the Town shall be zoned at the same
time or within sixty (60) days of annexation. If the property
is not zoned at the time of annexation, the Town shall not
grant any permits authorizing construction or development of
the property until the ordinance zoning the property and
amending the Official zoning Map has been enacted by the Board
of Aldermen.
June 8, 1992 III. Establishment of Zoning Districts Westlake Unified Development Code - Page 7
ARTICLE IV. - PERMISSIBLE USES
SECTION 1. - LAND USE SCHEDULE
A. Use of Land and Buildings
Buildings, structures and land shall be used only in
accordance with the uses permitted in the following "Land
Use Schedule" , subject to all other applicable
requirements of this ordinance including Article V Zoning
District Development Standards.
(1) The symbol "X" shall mean that the use is permitted
as a principal use in that zoning district by
right.
(2) The symbol "S" shall mean that the principal use is
permitted in that zoning district only after first
obtaining a "Specific Use Permit" as set forth in
Article V Zoning District Development Standards.
(3) The Symbol "A" shall mean that this use is
specifically permitted as an accessory use to a
main use in the district. This does not exclude
other land uses which are generally considered
ancillary to the primary use.
(4) The symbol "Yes" in the column titled "Site Plan"
shall mean that site plan approval is required
prior to issuance of a Building Permit, subject to
the requirements of Section XIV.4 . Required Site
Plan.
(5) An asterisk (*) indicates that the use has special
standards or requirements listed in this section,
which it must meet in order to be allowed.
(6) A blank square shall mean that the use is not
allowed in that zoning district as a principal use.
[Land Use Schedule]
June 8, 1992 IV. Permissible Uses Westlake Unified Development Code - Page 1
VVL' LAND USE SCHEDULE
SF Residential Permitted Uses Commercial
R-200 R-40 R-20 R-20c Site Plan X Permifted,A=Accessory Use,S=SUP MF R 0 O-H O±
AGRICULTURAL USES
Farms General (Livestock, Ranch) x x x x
Veterinarian (indoor Kennels) x
Veterinarian (Outdoor Kennels) S
S Stables (Private, Principal Use) S S
x x x Stables (Private, Accessory Use)
x Yes Single Family Zero Lot Line x
x Yes Single Family Attached x
x Yes Duplex x
INSTITUTIONAL and
Emergency Ambulance Service x
'
Yes Heliport S
Water Storage Tank (Elevated or S S S S
WL-LAND USE SCHEDULE
SF Residential Permitted Uses Commercial
R-200 R-40 R-20 R-20C Site Plan X=Permitted,A=Accessory Use,S=SUP MF R O O-H 0-1
S Retirement Home X X
S Nursing/Convalescent Home X X X
S Hospice X X X •X
Hospital X X X X
Psychiatric Hospital S X X X
S Clinic S X X X X
X X X X Child Daycare (7 or more)* A X X X X
X X X X Site Plan School, K-12 (Public or Private)* X X X X S
School (Vocational) S X X X X
College or University S X X X X
S Community Center X X X X X
Civic Club X X X X X
S S S S Church or Place of Worship* X X X X X
S S S S Use Associated to a Religious Inst. A X X X X
S Government Building X X X X X
S Police Station X X X X X
S S S X Fire Station X X X X X
S Library X X X X X
...........
.......................
...................... ........... ....................... ........... ...........
COMMERCIAL USES
.:......:::.:::::.::::::::.::::::::::.:::::::,:::::::::..::. ::::...... .......... .:::::::::::..:::::.::.:::::::::::
Yes Multifamily (Apartments) X
Offices (General) X X X X
Studio X X X X
Banks and Financial Institutions X X X X
Information Processing X X X
Hotel/Motel with Conferencing Facil. X X X
Laundry/Dry Cleaning (<3,000 s.f.) X X X
Laundry/Dry Cleaning (Drop/Pick) X X X X
Shoe Repair X A A A
Beauty Parlor/Barbershop X A A X
Clothing Store X A X
Quick Copy/Duplicating Services X A A X
Personal Services X X X X
1 May 1992 / Page 2
WL-LAND USE SCHEDULE
SF Residential Permitted Uses Commercial
R-200 R-40 R-20 R-20C Site Plan X=Permitted,A=Accessory Use,S=SUP MF R O O-H 0-1
Grocery X
Convenience Store X A A X
Service Station X X
Drug Store X A A X
Variety Store X
Bakery Sales X
Stationary Store X A A
Antique Shop X
Art Gallery X I A
Hardware Store X X
Sporting Goods X
Paint and Wallpaper X X
Cloth Store X
Retail Stores-General X A A
(Excluding Second Hand Goods)
Restaurant/Cafe X A A X
Auto/Truck Parts and Accessories S X
Household Furniture/Appliances X X
. ......._ __...._..._ _ ........
................ ...........................................................
........................ ........... ........... ........... ........... ...........
...............................................
AMUSEMENT RECREATION
X::::::::::X.:.:::::::X.:::: ...:.X::::: ................::::: Golf Course (Public or Private) :.XXXXX:::.
X X X X Park or Playground X X X X X
X X X X Satellite Dish* X X X X X
Non-Commercial Radio Tower S S S S
Yes Race Track Operation S
Recreation Facility, Health Studio X X X X X
............................. ..................................................... ........... ........... ........... .......................
A TO SERVICES
U
...................
Truck/Trailer Rental; S X
Auto Body Repair S
Auto Mechanical Repair S X
Quick Lube/Oil Change X X
Vehicle Maintenance (Private) X X X X
1 May 1992/ Page 3
N&'LAND USE SCHEDULE
SF Residential Permitted Uses Commercial
R-200 R-40 R-20 R-20C Site Plan X=Permitted,A=Accessory Use,S=SUP MF R 0 O-H 04`
WHOLESALE TRADE
Warehouse/Storage (Inside) x
Ware house/Storage (Outside) S
Scrap/Waste Recycling Collection S
and/or Storage
Gas/Chemical Bulk Storage S
Apparel Manufacturing x
Packaging and /or Distribution x
Printing, Engraving and related x
Reproductive Services
Distribution of Books/Other Printed x
Material
Machine Shop S
Welding Shop S
x x Builder Directional Signs (Temp.)
Business Window Signs (Temp.) x x
Wall Signs x
x x x x Political Yard Signs (Temp.) x x x x x
Signifies Uses with special guidelines
see Section [Special Uses]
�
1May 1Q02 / Page 4
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SECTION 2 . - ACCESSORY USES AND STRUCTURES
An accessory use or structure which is customarily incidental
to the principal use or structure, and is located on the same
lot or tract of land, shall be permitted as an accessory use
without being separately listed as a permitted use.
SECTION 3 . - TEMPORARY STRUCTURES
A Temporary Structure is one which is used for a limited
period of time. It may be manufactured on-site or off-site,
but is temporary in nature, and only used until a permanent
structure can be constructed or refurbished. All Temporary
Structures shall be required to comply with the following:
A. Permits
No temporary structure may be constructed on site, or
brought on site until a Building Permit for its
construction and siting has been issued.
B. Time Limit
The time limit for all Temporary Structures shall be
ninety (90) days; except for on-site construction
offices and batching plants which shall be limited to
the time required for the actual on-site construction of
the structure or facility, or one year, whichever is
less. Any further extension shall require Board
approval.
SECTION 4 . - SATELLITE DISHES
Satellite Dishes shall be allowed in any district as an
accessory use, provided that they meet the following
conditions:
A. Location
Satellite Dishes shall not be located within required
front or side yards. They shall be located only in rear
yards or, in commercial districts, on roof tops.
B. Screening
Satellite Dishes shall be fully screened from view. When
located on ground level, they shall be screened to the
full height of the structure with landscaping. When
located on a roof top in a commercial district, the dish
June 8, 1992 IV. Permissible Uses Westlake Unified Development Code - Page 2
shall be located and screened so as to minimize visual
impact from other properties in the area.
C. Size
Satellite Dishes shall not exceed ten (10) feet in
diameter, nor 12 feet in height when the dish is
vertically positioned.
SECTION 5. - FARM ANIMALS AND HORSES
A minimum site area of two (2) acres is required for the
housing of farm animals and horses. No more than one (1)
horse shall be allowed per each half-acre of additional site
area. (For example, one horse shall be allowed on two acres,
three horses on three acres, and seven horses on five acres. )
SECTION 6. - SERVANTS/CARETAKERS QUARTERS
Servant or caretaker quarters may be allowed on a property in
a residential or commercial zoning district provided that it
is ancillary to the primary use and that only one such
facility is provided on a lot in a single family district.
SECTION 7 . - TEMPORARY ACCOMMODATION FOR EMPLOYEES, CUSTOMERS AND
VISITORS
Temporary accommodation for employees, customers and visitors
may be provided as an ancillary use in commercial zoning
districts provided that:
A. Such accommodation is clearly in support of the business
operation,
B. No rental of such facilities occurs,
C. Accommodation is for temporary stays, not to exceed 30
days, and
D. No more than 5% of the building area is utilized for
this ancillary use.
SECTION 8. - UTILITY DISTRIBUTION LINES
All Utility Distribution Lines shall be placed underground.
Utility Distribution Lines placed above-ground shall require
June 8, 1992 IV. Permissible Uses Westlake Unified Development Code - Page 3
special approval of the Board of Aldermen based upon a
recommendation of the Planning and Zoning Commission.
SECTION 9 . - ACCESS TO ROADWAYS
All Child Daycare facilities, schools (public and private) ,
and churches or places of worship shall be located with
access directly to a Collector or larger roadway unless
approved by SUP.
SECTION 10 . - NEW AND UNLISTED USES
New and unlisted land uses which were not originally
anticipated, will likely be considered for location within
the Town. Such uses shall be reviewed by the Planning and
Zoning Commission and the Board of Aldermen for inclusion in
specific zoning districts or as part of a Planned Development
(PD) zoning request.
When considering requests for a new land use, the Commission
and Board shall consider the potential effects of the use on
adjacent properties in terms of requirements for services,
visual impact, traffic generation, the extent to which the
use is consistent with other uses allowed in the district,
and other issues they deem appropriate.
June 8, 1992 IV. Permissible Uses Westlake Unified Development Code - Page 4
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ARTICLE V. - ZONING DISTRICT DEVELOPMENT STANDARDS
SECTION 1. - GENERAL
A. Non-Conformity
In the event that the Town takes an act or action which
transforms a previously conforming structure for
purposes of front, side and rear yard setback
requirements into a non-conforming structure for the
purposes of front, side and rear yard setbacks, then
such structure shall be deemed to be in conformance with
the required setback prescribed in this ordinance.
In the event the Town takes an action that causes a
previously conforming structure to become non-conforming
in any other manner, conformity will be required as
established in the Westlake Building Code.
B. Lots with Multiple Frontages
Where lots have multiple frontage on one or more
streets, the required front yard shall be provided on
each street.
C. Concept Plans
1. Applicability Approval of a Concept Plan shall be
required in connection with any request for zoning
unless said zoning request is upon request of the
Town. All subsequent Site Plans shall be in
substantial conformity with the approved Concept
Plan. If, in the opinion of the Town Planner, the
Site Plan does not substantially conform to the
Concept Plan approved by the Board, the applicant
shall either seek approval of a revised Concept
Plan or submit a revised Site Plan.
2 . Purpose The Concept Plan is intended to provide
the Town with the information and data that is
necessary to assess the merits of the development
and to properly plan for services.
D. Site Plans
1. Applicability Site Plans are required for all
developments except individual single family lots,
July 8, 1992 V. Zoning District Development Standards Westlake Unified Development Code - Page 1
and shall be accompanied by a proposed development
schedule.
2 . Purpose The purpose of a Site Plan is to ensure
that all provisions of the Unified Development
Code of the Town is adhered to; that developments
are consistent with the intent of the
Comprehensive Plan, Thoroughfare Plan and Open
Space Plan; that sensitive environmental issues
such as slopes and vegetation are accommodated;
and that services and facilities necessary to
support the proposed development will be available
on an appropriate time schedule.
E. Visibility Triangles
1. Corner Lot
a. Applicability. No fence, wall , screen, sign,
structure, or foliage of hedges or trees
shall be erected, planted or maintained in
such a manner as to obstruct or interfere
with a clear line of sight for the drivers of
approaching motor vehicles within the
visibility triangle between 30 inches and 9
feet above the average grade of the street.
b. Dimensions The visibility triangle is a
triangular area formed by extending the two
curb lines (or edge of pavements) a distance
of 45 feet from their point of intersection,
and connecting these points with an imaginary
line, thereby creating a triangle.
If there are no existing curbs, then the
triangular area shall be formed by extending
the property lines a distance of 30 feet from
their point of intersection and connecting
these points with an imaginary line.
2 . Driveway Intersection
a. Applicability When a driveway intersects a
public right-of-way, no fence, wall, screen,
sign, structure, or foliage of hedges or
trees shall be erected, planted or maintained
in such a manner as to obstruct or interfere
with a clear line of sight for the drivers of
approaching motor vehicles within the
visibility triangle area between 30 inches
July 8, 1992 V. Zoning District Development Standards Westlake Unified Development Code - Page 2
and 9 feet above the average grade of the
street.
b. Dimensions The triangular areas are formed
on both sides of the driveway where it
intersects with a public right-of-way. It is
formed by extending the curb lines (or lines
formed by the edge of pavement) of the
driveway and roadway 10 feet from their point
of intersection, and connecting those two
points with an imaginary line.
If there is no curb line in the right-of-way, then
the edge of pavement may be used instead.
F. Fences
1. General
All Fences within the Town shall conform to the
following standards:
a. No fences may be erected within the required
front yard.
b. No chain link fences shall be located within
10 feet of a property line.
C. Split rail, steel pipe and wrought iron
fences are encouraged.
d. Fences may be built to a maximum seven (7)
feet in height anywhere behind the front yard
Building Setback Line including property
lines on the side and rear yards. However,
no solid fencing greater than 3 . 5 feet in
height may be placed within 10 feet of a
right-of-way line for a roadway or open space
corridor.
2 . Barbed Wire Fences
Barbed wire fences may be used without
restrictions when in conjunction with agricultural
and related activities; provided, however, no
barbed wire fence shall be located on any platted
property zoned for single family use.
July 8, 1992 V. Zoning District Development Standards Westlake Unified Development Code - Page 3
G. Development Agreement
1. Applicability
Development Agreements shall be required of all
land which is platted for development purposes and
all Planned Development Zoning.
2 . General
A Development Agreement is intended to reflect the
agreement of the Town and Developer as to the
phasing of construction to insure timely and
adequate provision of public works facilities.
This agreement is also intended to insure balanced
intensity of development to avoid overloading
existing public facilities during construction,
and to ensure the proper development and care for
common areas.
The agreement will be individually negotiated for
each major project, but should address the
following issues:
a. A plan for the design, construction, use and
permanent care and maintenance of any common
areas, including public open space.
b. Any agreements on cost sharing or
reimbursements for the installation of
oversized utility systems and roadways.
C. Proposed timing of improvements to the
property.
d. Any other agreements necessary to facilitate
the development within the Town.
3 . Form and Timing of Agreement
a. The Development Agreement or other legal
instrument shall be approved as to form by
the Town Attorney and executed coincident or
prior to final plat approval.
b. The subject property may be required to have
the Development Agreement filed in the Deed
Records of the appropriate County(ies) .
July 8, 1992 V. Zoning District Development Standards Westlake Unified Development Code - Page 4
SECTION 2 . - RESIDENTIAL DISTRICTS - GENERAL
A. Exterior Wall Building Materials
1. All buildings of 100 s. f. or more and over 9 feet
tall shall have exterior walls constructed of
masonry construction. Exterior walls for all
buildings of 100 s. f. or more and over 9 feet
tall, shall be constructed of at least seventy-
five percent (75%) standard masonry construction,
excluding windows and doors, unless said wall is
on a porch, patio, courtyard, or breezeway, in
which event, said wall may be of non-masonry
construction.
2 . Buildings less than 100 s. f. and under 9 feet in
height may be constructed with non-masonry
materials, or may be all metal with a baked-on
pre-painted surface.
3 . Exceptions to these requirements, including
buildings for farm animals, may be permitted on a
case by case basis by the Board upon submission
and approval of elevational drawings of the
subject structure, and material samples.
SECTION 3 . - COMMERCIAL DISTRICTS - GENERAL
A. Building Separation
Where a multifamily building or buildings are erected so
as to create enclosed inner courts, the faces of all
opposite walls in such courts shall be a minimum
distance of 40 feet apart, and no balcony or canopy
shall extend into such minimum court area.
B. Exterior Wall Building Materials
All buildings shall have exterior walls constructed of
stone, brick, glass block, tile, cast metal, cast stone,
or a combination of those materials. Exceptions to this
requirement may be permitted on a case by case basis by
the Board upon submission and approval of elevation
drawings of the subject structure, and material samples.
This may include the approval of concrete or stucco
where it is deemed important as a design feature and
where it will be applied under the highest standards for
quality and durability.
July 8, 1992 V. Zoning District Development Standards Westlake Unified Development Code - Page 5
SECTION 4 . - DISTRICT DEVELOPMENT STANDARDS
A. District Development Standards Chart
1. The attached District Development Chart sets out
standards for density, minimum building area,
building height, minimum setbacks from property
lines, required landscaping, requirement for site
plan approval, and requirement for submission of a
development schedule.
2 . Front yard setbacks are required in all instances
where a property line abuts a street right-of-way.
3 . The chart shall establish the minimum requirements
for these elements except as set out below.
[District Development Standards Chart]
B. Maximum Building Height
1. The height limit for all structures shall be as
established in the Districts governing the
property on which the structures are located.
However, the maximum height may be increased up to
700 mean sea level, unless otherwise limited by an
approved Site Plan, Specific Use Permit or Planned
Development District.
2 . Building Height and Setback for Commercial
Districts
a. Roadway Slope In addition to the building
setback line, no building in a commercial
district may exceed the height of a line
drawn from the nearest roadway right-of-way
line at a 2 : 1 slope directly into the subject
commercial property (e.g. a 100 ft. high
building must be set back 200 ft from the ROW
line) .
b. Residential Slope In addition to the
building setback line, no building in a
commercial district may exceed the height of
a line drawn from a residential property line
in a residential district, at a 5: 1 slope
directly into the subject commercial property
(e.g. a 100 ft. building must be set back 500
ft. from the residential property line) .
July 8, 1992 V. Zoning District Development Standards Westlake Unified Development Code - Page 6
c. Changes in Grade Not withstanding the slopes
noted above, if the slope of the ground rises
or falls from the point of origin of the
slope line, the actual building height may be
greater or lesser by the difference in grade.
3 . The following features may be constructed 12 feet
higher than the maximum height requirement of the
zoning district in which the structure is located:
a. Chimneys, church spires, elevator shafts, and
similar appendages not intended as places of
occupancy or storage.
b. Flag poles and similar devices.
C. Heating and air conditioning equipment, solar
collectors and similar equipment, fixtures,
and devices.
Provided that they are:
a. not more than one-third of the total roof
area; and
b. set back from the edge of the roof a minimum
distance of two feet for every foot by which such
features extend above the roof surface of the
building to which they are attached.
SECTION 5 . - SPECIFIC USE PERMITS (SUP)
Applications for SUPs shall be made in conformance with
Article XIV Zoning - Related Applications.
A. Purpose
The purpose of the Specific Use Permit (SUP) process
is to identify those uses which might be appropriate
within a zoning district, but due to either their
locational, functional or operational nature, could
have a potentially negative impact upon surrounding
properties; and to provide for a procedure whereby
such uses might be permitted by further restricting or
conditioning them so as to eliminate such probable
negative impacts.
July 8, 1992 V. Zoning District Development Standards Westlake Unified Development Code - Page 7
B. Authority
1. The Board of Aldermen, pursuant to the procedure
established in Article II Authority and
Administrative Provisions, and after
recommendations by the Town Planner and the
Planning and Zoning Commission, may authorize
issuance of a Specific Use Permit for any of the
uses indicated in the Land Use Schedule in this
Article.
2 . The Board of Aldermen may, in the interest of the
public welfare and to assure compliance with this
ordinance, establish conditions of operation,
location, arrangement and construction of any
authorized special use. In approving any
specific use, the Board may impose such
development standards and safeguards as
conditions warrant for the welfare and protection
of adjacent properties, and citizenry as a whole
as it may be affected by this use.
3 . All Specific Use Permits approved in accordance
with the provisions of this ordinance shall be
referenced on the Official Zoning Map of the
Town. Such note will be indicated by the letters
"SUP" followed by the identification number.
C. Termination of Specific Use Permit
All Specific Use Permits approved in accordance with
the provisions of this ordinance in its original form
or as hereafter amended shall automatically terminate
upon cessation of the use for a period of ninety days.
Termination of use shall be determined to be the
earliest date that any of the following occur:
1. Disconnection or discontinuance of water and/or
electrical services to the Specific Use Permit
zoned structure, lease space, lot or tract.
2 . Abandonment of the Specific Use Permit zoned
structure, lease space, lot or tract of land.
For the purpose of this paragraph, "abandoned"
shall mean to surrender occupancy by vacating or
ceasing to operate or inhabit subject property.
3 . Any Specific Use Permit granted by the Board
shall automatically terminate if a Building
Permit has not been obtained on the premises
July 8, 1992 V. Zoning District Development Standards Westlake Unified Development Code - Page 8
within one year from the date the ordinance
granting the Specific Use Permit is adopted.
4 . On any tract of land for which a Specific Use
Permit has been granted and the use has ceased as
of the date of this ordinance, such Specific Use
Permit shall automatically terminate three months
after the adoption of this ordinance unless the
use has been reinstated by that time.
July 8, 1992 V. Zoning District Development Standards Westlake Unified Development Code - Page 9
WL-DISTRICT DEVELOPMENT STANDARDS CHART
District Density IMin. Principal Height Lot Width
Min. Lot Size u/a, FAR Building Area
------------------------------------------------------------------------------------ -------------------------------------- --------------------------------------------------------------- ------------------------------ -------------------------------
R-200 Country Residential (5 ac.) 150,000 s.f. 0.2 2,000 s.f. Bldg. Min. 2.5 st/35' 200
R-40 Estate Residential (1 ac.) 30,000 s.f. 1 1,800 s.f. Bldg. Min. 2.5 st/35' 125
R-20 Neighborhood Residential (.5 15,000 s.f. 0.5 1,500 s.f. Bldg. Min. 2.5 st/35' 100
R-20C Cluster Residential 8,000 s.f. Min w/ 0.5 1,500 s.f. Bldg. Min. 2.5 st/35' na
------------------- --------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------------------------------------------
20,000 sf over 25 Ac. Max
MF Multifamily 200,000 s.f. 1,000 s.f. Avg. 2.5 st/35' 200
----------I------------------------------------------------------------------------------ -------------------------------------- --------------------- ----------------------------------------- ------------------------------ -------------------------------
R Local Retail 40,000 0.20:1 2,000 s.f. 2.5 st./35' 200
--------------------------------------------------------------------------------------- ------------------------------------------------------------ ---------—------------------------------ -------------------------------
O Office Park 400,000 0.25:1 3,000 s.f. 2 st/35' 200
O-H Office Park-Hotel 400,000 0.25:1 3,000 s.f. 2 st/35' 200
0-1 Office-Light Industrial Park 400,000 0.2:1 3,000 s.f. 3 st/50' 175
PD Planned Development 400,000 s.f. (All district reqmts. are est'd by a Ord. creating each PD.
Height Overlay for Commercial
Uses may allow up to 7 stories
---------------------------------------------------------------------------------------- ------------------------------------ ---------------------- ---------- adjacent to Hwy 114. (Based on ------
700 MSL)
1 May 1992 / Page 1
WL-DISTRICT DEVELOPMENT STANDARDS CHART
Minimum Setbacks Required Requires
Front Rear Side Landscaping Site Plan
-------------- -------------------------------------------------------------- ------------------------------ ----------------------------------------------------------------------
R-200 50 50 30
R-40 40 20 40
R-20 35 40 15
R-20C na na yes
-------------------- ------------------------------�na
----------------------------------------------------------------------------------------------------- ------------------------------
MF 40* 40* 20* 20%/250 O.S/U yes
---------------------------------------------------------------------------------- ------------------------------ --------------------------------------------------------------------
R 50* 50* 0 or 4'* 20% yes
O 100*-------------------100* -75*--------------------- 20%------------------------ yes
O-H 100* 100* 75* 20% yes
0-1 75* 50* 50* 15% yes
PD--------------------------------------------i------------------------------- yes
*Height and Building Setback for Percentage of
Commercial and Multifamily may be entire
-------------------affected by: subdivided site, -_------------—-------
1. Slope of 2:1 from centerline of or as approved
adjacent roadway, and by the Board.
2. Slope of 5:1 from residential property
-------------------- lines. -----------------------------------
-- ------------------------------
3. Landscape buffer requirements along
Hwy 114.
1 May 1992/ Page 2
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VI. - PARKING AND LOADING STANDARDS
1
SECTION 1. - PURPOSE
A. The purpose of this Article is to regulate the number of
required off-street vehicular parking spaces so as to
provide for the needs of occupants, customers, visitors
or other involved in the use or occupancy of any
building, structural improvement or place of assembly; to
eliminate the undue use of the surface street system for
parking purposes; to promote and protect the public
health, safety, comfort, convenience and general welfare;
and to grant and define the administrative powers and
duties necessary to enforce this Article.
B. It is also the purpose of this Article to require
allocation of sufficient off-street/on-site loading
facilities by business and industry which ensures that
the loading and unloading of vehicles will not interfere
with traffic flow or block roadways or fire lanes.
SECTION 2 . - APPLICABILITY
A. Any building, improvement, or use of land approved or
erected after the effective date of this Article shall
include the necessary off-street parking spaces, and
require off-street/on-site loading facilities subject to
all controlling features of this Article, in the number
and dimensions hereinafter stipulated.
B. Whenever any building, improvement, or use of land is
proposed to be changed to a new use, the provisions of
off-street/on-site parking and off-street loading
facilities shall be required for the new use so approved.
C. If any building, improvement, or use of land is expanded,
the provisions for parking and loading shall be provided
for the portion of land use and/or building that has been
added.
D. Notwithstanding Section 2 . 0 above, if any building,
improvement, or use of land is repaired, renovated,
altered, expanded or redeveloped, and the cost of such
changes exceed fifty (50%) percent of the fair market
value of the building improvement or land prior to the
subject improvements, the parking space requirements ,and
off-street/on-site loading facilities set forth in this
Article for the entire property shall be made conforming.
July 8, 1992 VI. Parking and Loading Standards Westlake Unified Development Code - Page 1
SECTION 3 . - GENERAL PROVISIONS
A. All partial space requirements for the total number of
parking spaces required shall be rounded to the next
highest number of usable parking spaces, and they shall
be non-stacked spaces.
B. All required parking and loading areas, public and
private drives, and fire lanes shall be constructed of
concrete, but may have a surface treatment of brick,
stone or other similar material . However, cast
interlocking concrete, brick, or stone pavers installed
on a prepared base may be used in parking areas and on
public and private drives.
C. No parking, loading or maneuvering space to be provided
under this Ordinance shall be located within the right-
of-way of any street, roadway or public alley.
SECTION 4 . - MINIMUM PAVING CONSTRUCTION REQUIREMENTS ON PRIVATE
PROPERTY
A. All off-street access drives, fire lanes and parking
lots, not including drive approaches, shall be
constructed to the following minimum standards. However,
as a result of certain soil conditions or circumstances,
additional strengths, thicknesses and standards may be
necessary.
B. Single Family and shared driveways shall be constructed
of a minimum of four (411) inches of 3 , 000 PSI (5-sack
mix) concrete with number ten (#10) reinforcing steel
wire mesh on six (611) inch centers. However, single
family lots of one acre or more may have driveways of
asphalt, concrete or compacted gravel , or crushed stone
or similar material, with base that meets the Town's
engineering standards. Single family lots of less than
five acres must also have concrete curbs to contain the
gravel, crushed stone or similar material .
C. All multifamily and commercial private access ways,
drives, fire lanes and parking spaces shall be
constructed of a minimum five (511) inches of 3 , 000 PSI
(5-sack mix) concrete with number three (#3) steel
reinforcing bars twenty-four (2411) inches on center both
ways (at 90° ) . This shall be placed on a minimum 6-inch
base composed of 6% (by volume) lime stabilized subgrade
compacted to 95% standard proctor density. Saw joints
and expansion joints should be appropriately placed and
provided.
July 8, 1992 VI. Parking and Loading Standards Westlake Unified Development Code - Page 2
D. The Town Engineer will inspect applicable concrete forms,
necessary steel reinforcement and thickness for concrete
as specified in this ordinance prior to placement of
concrete.
SECTION 5. - MINIMUM PAVING REQUIREMENTS FOR CONSTRUCTION ON PUBLIC
RIGHT-OF-WAY
A. Residential drive approaches within a road right-of-way
shall be constructed with a minimum 5 inches of 3 , 000 PSI
(5-sack mix) concrete with number three (#3) reinforcing
steel laid 24" on center both ways (at 90° ) . Saw joints
and expansion joints should be appropriately placed and
provided.
B. Non-residential drive approaches within a road right-of-
way shall be constructed with a minimum of 6 inches of
3 , 000 PSI (5-sack mix) concrete with number three (#3)
reinforcing steel bars 24" on center both ways (at 90° ) .
This shall be placed on a minimum 6-inch base composed of
6% (by volume) lime stabilized subgrade compacted to 95%
standard proctor density. Saw joints and expansion
joints should be appropriately placed and provided.
C. The Town Engineer will inspect applicable concrete forms,
necessary steel reinforcement and thickness for concrete
as specified in this ordinance prior to placement of
concrete.
SECTION 6 . - RESIDENTIAL PARKING
A. On lots less than five (5) acres, trailers, motor homes,
trucks, camper cabins, motorcycles, boats, farm
machinery, or similar equipment, shall not be parked or
stored on any residential or agricultural lot except when
in conformance with one of the following provisions:
1. Such equipment shall be wholly contained in an
enclosed garage or carport; or
2 . Such equipment shall be screened from view of
public rights-of-way and adjoining properties.
Equipment taller than 8 feet above grade shall
respect the building setback lines. If located on
a lot which is less than 2 acres, it shall be
parked on an approved driveway.
July 8, 1992 VI. Parking and Loading Standards Westlake Unified DeveLopment Code - Page 3
B. Notwithstanding other requirements of this section, such
equipment may be parked anywhere on a residential ,
agricultural or commercial premise not to exceed 24 hours
for the purpose of loading and unloading only.
C. No such equipment shall be used for living, sleeping or
housekeeping purposes when parked or stored on any lot
not approved for such purpose.
SECTION 7 . - OFF-STREET PARKING REQUIREMENTS
A. Computing Off-Street Parking Requirements
1. In computing the parking requirements for mixed
uses, the total parking requirements shall be the
sum of the specific requirements for each class of
use included in the building or development.
2 . Parking space requirements within mixed-use
occupancies may be reduced from specified
requirements where it can be demonstrated that the
peak requirement of several occupancies occur at
different times (such as mid-day for office and
evening for residential ; or weekday versus .
weekend) . Exceptions to the total required parking
spaces required in this Article may be considered
if supported by a parking demand study prepared by
a qualified transportation engineer, and approved
by the Board as part of the Site Plan Approval
process.
3 . All required parking stalls must meet the approved
parking standards for parking stall and driving
aisle dimensions.
B. Parking Requirements for Uses not Specifically Listed
Where questions arise concerning the minimum off-street
parking requirement for any use not specifically listed,
the requirements may be interpreted as those of a similar
use by the Town Engineer or Town Planner.
C. Pay Parking Lots
No charge may be made for required parking spaces.
D. Lighting of Parking Lots
All lighting facilities shall be so arranged as to
reflect the illumination away from any adjacent property.
- July 8, 1992 VI. Parking and Loading Standards Westlake Unified Development Code - Page 4
Such lighting facilities shall provide illumination
within parking areas not to exceed a maintained average
of one (1) foot-candle at ground level , and shall
distribute not more than two-tenths (0. 2) of one foot-
candle of light upon any adjacent property.
All lighting facilities shall be placed, masked or
otherwise arranged such that illumination or glare shall
not create a hazard to motorists on any street alley or
other public way.
E. Schedule of Off-Street Parking Requirements
Land/Building Use Minimum Spaces
Residential•
Single Family, Duplex, Attached 2 . 0 spaces per unit
Institutional:
Hospital 0. 75 space per bed, plus
1. 0 space per staff
doctor, plus 0. 75 space
per each peak hour
employee
Nursing/Convalescent Home 1. 0 space per 600 square
feet
Day Care or Kindergarten 1. 0 space per 300 square
feet
Elementary and Junior High School 1. 0 space per classroom,
plus 1. 0 space per each 4
seats in either the
auditorium, gymnasium or
other place of assembly,
which ever place of
assembly is larger
Senior High School 1. 0 space per each
classroom or teaching
station, plus 1. 0 space
per 3 students
College or University 1. 0 space per 3 students
Church or Place of Worship 1. 0 space per 3 seats in
main sanctuary
July 8, 1992 VI. Parking and Loading Standards Westlake Unified Development Code - Page 5
commercial
Multifamily 2 . 0 spaces per unit
General Office, Professional 1 . 0 space per 300 square
feet
Health-Related Clinics, Rehab Centers 1. 0 space per 150 square
feet
Restaurants, Taverns or Lounges 1. 0 space per 100 square
feet
Live or Movie Theaters 1. 0 space per 3 seats
Retail 1. 0 space per 200 square
feet
Greenhouse, Plan Nursery 1. 0 space per 400 square
feet
Country Club 1. 0 space per each 100
square feet, excluding
locker rooms and bath
houses
Golf Course 5. 0 spaces per each green
Recreation Facility, Health Studio 1. 0 space per 100 square
feet of activity area,
excluding locker rooms,
bathing and service areas
Automobile Repair, Gasoline Stations 5. 0 spaces, plus 3 . 0
spaces per service bay
Light Industrial:
Office Showroom or Warehouse 1. 0 space per 300 square
feet of Office; plus 1. 0
space per 500 square feet
of Warehouse
Assembly or Manufacturing 1. 0 space per 300 square
feet
July 8, 1992 VI. Parking and Loading Standards Westlake Unified Development Code - Page 6
SECTION 8 . - SATELLITE PARKING REQUIREMENTS
A. Requirements
When a Specific Use Permit for satellite parking is
requested, no building permit will be issued for these
areas until such time as the required parking has been
provided. No required parking at satellite parking
locations may be utilized to meet the parking
requirements for another use.
1. If the number of satellite parking spaces required
by this chapter cannot reasonably be provided on
the same lot where the principal use associated
with these parking spaces is located then spaces
may be provided on adjacent or nearby lot (s) in
accordance with the provisions of this Section.
These spaces are referred to in this Section as
"Satellite Parking Spaces" .
2 . Up to 500 of the parking spaces required for
theaters, public auditoriums, bowling alleys, night
clubs and churches may be provided off-site.
Notwithstanding the other provisions of this
section, parking for these uses may utilize spaces
which serve as required parking for other uses
provided that the uses are not active during the
same periods.
3 . All such parking spaces should be located within
400 feet of a public entrance of the principal
building, or the lot on which the principal use is
located.
4 . The use of Satellite Parking Spaces must be
approved by the Board of Aldermen upon
recommendation by the Planning and Zoning
Commission.
5. Where the required spaces are not located on the
same lot with the building or use served, or where
such spaces are jointly provided and used, a
written agreement thereby assuring their retention
for such purposes shall be properly drawn and
executed by the parties concerned, approved as to
form by the Town Attorney, and shall be filed with
the application for Building Permit (or Certificate
of Occupancy if there is a change of use) .
July 8, 1992 VI. Parking and Loading Standards Westlake Unified Development Code - Page 7
SECTION 9 . - OFF-STREET LOADING REQUIREMENTS
A. Applicability
All non-residential structures which contain a gross
floor area of 10, 000 square feet or more shall provide
and maintain off-street loading facilities on the same
lot. Such off-street loading facilities shall be located
adjacent to a public way or private service drive, in
accordance with the following requirements:
1. Unless an alternative is supported by design
standards and approved as part of the Detailed Site
Plan, no area allocated to loading and unloading
facilities may be used to satisfy the area
requirements for off-street parking, nor shall any
portion of any off-street parking area be used to
satisfy the area requirements for loading and
unloading facilities.
2 . Any loading dock or loading area must provide a
maneuvering area located entirely on private
property, and shall not utilize any public right-
of-way, and shall not block any drive, aisle or
fire lane.
3 . Loading docks that are within 400 feet of a
residential district shall be equipped with noise
attenuation devices and screened from view of
adjacent residential lots.
B. Lighting of Loading Areas
All lighting facilities shall be so arranged as to
reflect the illumination away from any adjacent property.
Such lighting facilities shall provide illumination
within loading areas not to exceed one (1) foot-candle at
ground level, and shall distribute not more than two-
tenths (0. 2) of one foot-candle of light upon any
adjacent property.
All lighting facilities shall be placed, masked or
otherwise arranged such that illumination or glare shall
not create a hazard to motorists on any street alley or
other public way.
C. Dumpster Trash Receptacles
All driveways to trash receptacles shall be designed to
accommodate the weight of a 56, 000 G.V.W. sanitation
truck. Lifting aprons shall be provided in front of each
July 8, 1992 VI. Parking and Loading Standards Westlake Unified Development Code - Page 8
trash receptacle location to accommodate the front wheels
of the sanitation truck. Access to the trash receptacle
and lift apron shall be in a "straight in" manner, or
other manner as approved by the Town Engineer. Trash
receptacles shall not be located beneath any overhead
utility line.
D. Schedule of Off-Street Loading Requirements
1. Loading spaces shall be a minimum of twelve (12)
feet in width, sixty-five (65) feet in length, and
fourteen (14) feet in height except as required in
(4) below.
2 . Requirements for Office, Retail and Industrial
Uses:
Aggregate Gross Floor Area Required Spaces
0 - 10, 000 0
10, 001 - 40, 000 s. f. 1
40, 001 - 100, 000 s. f. 2
100, 001 - 160, 000 s. f. 3
1601001 - 240, 000 s. f. 4
240, 001 - 320, 000 s. f. 5
320, 001 - 400, 000 s. f. 6
400, 001+ s. f. Special Parking Study
3 . Requirements for Auditoriums, convention or
exhibition halls, hotels, restaurants, or sports
arenas:
Aggregate Gross Floor Area Required Spaces
10, 000 - 150, 000 s. f. 2
150, 001 - 300, 000 s. f. 4
3001001 - 600, 000 s. f. 5
600, 001 + s. f. Special Parking Study
4 . Kindergartens, day care centers, or similar child
training and care establishments shall provide
loading/unloading space on a private drive, off-
street, to accommodate one (1) automobile for each
ten (10) students or children cared for by the
establishment.
July 8, 1992 VI. Parking and Loading Standards Westlake Unified Development Code - Page 9
VII. - PERFORMANCE STANDARDS
SECTION 1. - PURPOSE
The purpose of this Article is to set forth regulations which
protect the public from the potential negative effects of
industrial and intense commercial development by regulating
smoke and particulate matter, odorous matter, fire or
explosive materials, toxic and noxious matter, vibration, open
storage, glare and fuel supply in the vicinity of such sites.
SECTION 2 . - APPLICABILITY
The following performance standards shall apply to all zoning
districts in the Town of Westlake.
SECTION 3 . - GLARE
No use or operation in any district shall be located or
conducted so as to produce glare, or either direct or indirect
illumination across the bounding property line from a source
of illumination, nor shall any such light be of such intensity
as to create a nuisance or detract from the use and enjoyment
of adjacent property. For the purposes of this section, a
nuisance shall be defined as more than two-tenths (0. 2) of one
foot-candle of light measured at the property line.
SECTION 4 . - NOISE
A. NOISE IN COMMERCIAL AND INDUSTRIAL DISTRICTS
1 . Noise at property lines which abut Commercial or
Industrial properties
At no point at the bounding property line of any
lot or parcel in a commercial or industrial
district shall the sound pressure level of any
operation or activity exceed the decibel limits
specified in the octave band groups designated in
the following table:
June 9, 1992 VII. Performance Standards Westlake Unified Development Code - Page 1
Octave Band Range Decibel Band Limit
(cps) (dB re 0. 0002 microbar)
37 - 75 86
75 - 150 76
150 - 300 70
300 - 600 65
600 - 1200 63
1200 - 2400 58
2400 - 4800 55
4800 - 9600 53
A scale 65
2 . Noise at property lines which abut Residential
Districts
Noise at property lines which abut residential
districts must meet the standards for residential
districts as measured at the nearest residential
property line.
B. NOISE IN RESIDENTIAL DISTRICTS
At no point at the bounding property line of any lot or
parcel in a residential district shall the sound
pressure level of any operation or activity exceed the
decibel limits specified in the octave band groups
designated in the following table:
Octave Band Range Decibel Band Limit
(cps) (dB re 0. 0002 microbar)
37 - 75 80
75 - 150 68
150 - 300 61
300 - 600 55
600 - 1200 51
1200 - 2400 48
2400 - 4800 45
4800 - 9600 43
A scale (for monitoring 56
purposes only)
SECTION 5. - SMOKE AND PARTICULATE MATTER
A. No industrial operation or use shall cause, create, or
allow the emission for more than three minutes in any
June 9, 1992 VII. Performance Standards Westlake Unified Development Code - Page 2
one hour, of air contaminants which at the emission
point or within the bounds of the property are -
1. in violation of the standards specified by the
Texas Air Control Board Regulations for the
Control of Air Pollution as published by the Texas
Air Control Board or the Texas State Department of
Health; or
2 . of such capacity as to obscure an observer's view
to a degree equal to or greater than does smoke or
contaminants in the standard prescribed in (1)
above except that, when the presence of uncombined
water is the only reason for failure to comply or
when such contaminants are emitted inside a
building which prevents their escape into the
outside atmosphere, performance shall be
considered to comply with this section.
B. The emission of particulate matter from all sources in
a district subject to this Article shall not exceed the
level specified by the Texas Air Control Board
Regulations published by the Texas State Department of
Health.
C. Open storage and open processing operations, including
on-site transportation movements which are the source of
wind or airborne dust or other particulate matter; or
which involve dust or other particulate air contaminant
generating equipment including but not limited to paint
spaying, grain handling, sand or gravel processing or
storage or sand blasting shall be so conducted such that
dust and other particulate matter so generated are not
transported across the boundary property line or the
tract on which the use is located in concentrations
exceeding standards set by the Texas Air Control Board.
SECTION 6. - ODOROUS MATTER
A. No use shall be operated in any zoning district in such
a manner that the emission of odorous matter occurs in
such quantity or volume as to produce a nuisance, source
of discomfort or hazard beyond the bounding property
lines of such use.
B. The odor threshold as herein referred to shall be
determined by observation by a person or persons. In
any case, where the operator of an odor-emitting use
may disagree with the enforcing officer where specific
measurement of odor concentration is required, the
June 9, 1992 VII. Performance Standards Westlake Unified Development Code - Page 3
method and procedures specified by the American Society
for Testing Materials ASTMD 1391-57 entitled Standard
Method for Measuring Odors in Atmosphere shall be used.
SECTION 7 . - TOXIC AND NOXIOUS MATTER
No industrial operation or other use shall emit toxic or
noxious matter in any concentration across the bounding
property line of the tract on which operation or use is
located.
SECTION 8. - VIBRATION
No use in districts subject to this Article shall at any time
create earthborn vibration which when measured at the
boundary property line of the source operation exceed the
limits of the displacement set forth below:
Frequency Cycles per Second Displacement in Inches
0 - 10 0. 0010
10 - 20 0. 0007
20 - 30 0. 0005
30 - 40 0. 0004
40 and over 0. 0003
SECTION 9. - FIRE OR EXPLOSIVE HAZARD MATERIAL
A. No industrial use involving the manufacture or storage
of compounds or products which decompose by detonation
shall be permitted in districts subject to this Article,
except that chlorates, perchlorates, phosphorous, and
similar substances and compounds in small quantities for
use by industry, school laboratories, druggists, or
wholesalers may be permitted.
B. The storage and use of all flammable liquids and
materials such as pyroxylin plastics, nitrocellulose
film solvents and petroleum products shall be permitted
only when such storage or use conforms to the standards
and regulations of the Town of Westlake, as well as the
Water Pollution Control standards and regulations.
SECTION 10 . - AIR AND WATER OUTLETS AT GASOLINE SERVICE STATIONS
A. All locations and uses in the Town of Westlake where
gasoline is dispersed, whether self-service or full-
June 19, 1992 VII. Performance Standards Westlake Unified Development Code - Page 4
service, shall provide pneumatic air pumps and water
hoses for the use of a customer without further charge.
All such air and water outlets shall be kept and
maintained in operable condition. Any such air and
water service found to be damaged, out of service, or
inoperable for more than seven (7) days shall be
considered a prima facia violation of this Code.
June 9, 1992 VII. Performance Standards Westlake Unified Development Code - Page 5
ARTICLE VIII. - LANDSCAPE REQUIREMENTS
SECTION 1. - PURPOSE
A. To preserve and protect the unique natural beauty and
environment of the Town of Westlake.
B. To preserve and enhance views from roadways.
C. To provide visual buffering and screening for service and
parking areas.
D. To enhance and beautify the freeway edges.
E. To ensure that significant natural features of native
trees, views, and significant topography involving water
bodies are preserved, replenished, and available to all
residents through a unified Open Space System.
F. To provide a general tree cover that will assist private
properties in the development of energy conservation
measures.
SECTION 2 . - APPLICABILITY
This article applies to all zoning districts except Single
Family districts.
SECTION 3 . - PROCEDURES
Prior to the issuance of any building permit, a Landscape Site
Plan, Grading Plan, and an Irrigation Plan must be submitted
and approved as part of the site plan process. (See Article
XIV Zoning-Related Applications)
SECTION 4 . - LANDSCAPE DEVELOPMENT STANDARDS
A. General
1. Existing trees should be preserved and protected
pursuant to the provisions in Article • IX Tree
Preservation.
2 . Landscaping shall be consistent with the Open Space
Plan and Thoroughfare Plan.
June 19, 1992 VIII. Landscape Requirements Westlake Unified Development Code - Page 1
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3 . Landscaping must meet the requirements for
visibility triangles as established in Article V.
B. open Space
1 . General
a. An open space system has been established
primarily along the flood plain, drainage
areas, existing ponds, unique land forms,
scenic vistas, land with slopes in excess of
twenty-five (25) percent, and natural tree
thickets.
b. The Open Space System has been divided into
two categories: (1) Town Edge Open Space
Easement and (2) Open Space Linkages.
C. All existing trees and significant ponds
within open space easements should be
protected and preserved unless otherwise
adopted by the Town of Westlake. Ponds may be
altered or relocated if approved as part of
the Landscape Plan.
d. Current policies relating to key elements of
open space are embodied in the Open Space
Plan.
2 . Town Edge Open Space Easement
a. Landscape Easement
i. State Highway 114 and 170
There shall be a landscape easement of an
average of 150 feet with a minimum width
of 100 feet from the rights-of-way.
ii. U.S. Highway 377
There shall be a landscape easement of 50
feet from the rights-of-way.
b. Earth Berm
There shall be an earth berm within the Open
Space Easement along the highway frontages
consistent with the Open Space Plan.
June 19, 1992 VIII. Landscape Requirements Westlake Unified Development Code - Page 2
i. State Highway 114 and 170
The earth berm varies in width and height
and shall have a maximum 5 : 1 slope from
the property line to the ridge line and a
maximum 3 : 1 slope from the ridge line to
the setback line. The berm shall be a
minimum height of eleven (11) feet and a
maximum height of twenty-four (24) feet.
ii. U.S . Highway 377
The earth berm shall have a maximum 5 : 1
slope from the property line to the ridge
line and a maximum 3 : 1 slope from the
ridge line to the backside of the
easement. The berm shall be a height of
six (6) feet.
C. Wildflowers: There shall be wildflowers
planted along the earth berm consistent with
the Open Space Plan.
d. Trees: There shall be trees planted within
the Town Edge Open Space Easement consistent
with the Open Space Plan.
i. Quantity: For highway easements, there
shall be seventeen (17) trees per 10, 000
square feet.
ii. size: Sixty per cent of the trees shall
be a minimum 3" caliper and forty per
cent shall be a minimum 2" caliper.
3 . Open Space Linkages
a. Location: Location of the Open Space System
shall be consistent with the Open Space Plan.
b. Width: The width of the Open Space varies
throughout the Open Space Plan taking into
account natural features and required
easements. The minimum width, however, of any
open space linkage shall not be less than 25
feet in width with an average width of 35
feet.
C. Hike/Bike and Equestrian Trails: These trails
shall be located as required on the Open Space
Plan.
June 19, 1992 VIII. Landscape Requirements Westlake Unified Development Code - Page 3
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4 . Wet and Dry Storm Water Detention Basins
a. There shall be trees planted within a 50 foot
perimeter zone above the high water level of
the wet or dry detention basin. Trees shall
be planted at a density of eight (8) per
101000 square foot of the basin perimeter
zone. Minimum size shall be 3 caliper.
C. Thoroughfare Landscape Easements
1. Application: Thoroughfare landscape easements
occur on local residential streets and collector
roads which bound residential subdivisions.
2 . Easement Width: The width of the landscape
easement is five (5) feet on either side of a local
residential road beyond the right-of-way, and ten
(10) feet beyond the right-of-way of a collector or
other roadway which bounds a residential
subdivision.
3 . Landscape Requirement
a. Tree Density: Six (6) trees required per one
hundred (100) linear feet of landscape
easement.
b. Tree Size: there shall be sixty percent large
trees and forty percent small trees planted.
Large trees shall have a minimum caliper size
of 3" and small trees having a minimum caliper
size of 211 .
4 . Existing Tree Credit: Credit will be given for
existing trees that may be present on the lot and
located within the landscape easement on the basis
of one small or large tree credit for each 3 inches
of caliper.
D. Thoroughfare Median Landscape Development
1. Application: Medians occur within all collector
streets of the Town and shall vary in width between
major intersections.
2 . Landscape requirements:
a. Medians: Thirteen (13) trees required per
10, 000 square foot of median area. (This does
not include narrow median tree planting at
June 19, 1992 VIII. Landscape Requirements Westlake Unified Development Code - Page 4
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special intersections on left hand turn
movement areas. ) For species see plant list
in landscape standards of appendix.
b. Narrow medians at special intersections:
Twelve (12) ornamental trees 15 feet apart are
required in a single row at the special
intersections identified in the Thoroughfare
Plan. Dwarf shrub masses shall fill the
narrow portion of the median. For species,
see plant list in landscape standards of
appendix.
C. Orchards groves across Kirkwood Blvd: Plant a
rigid grid pattern of trees locating them
within the median and shoulder areas. These
contrasting man-made features should be
located between natural tree groupings along
Kirkwood to focus on major entrances or views
into private development. Re: plant list in
landscape standards of Appendix.
E. Landscaping Interior to Parking Lots
1. Landscape Area
a. A minimum of twenty five (25) square feet of
landscape area must be provided in the parking
lot for each required off-street parking space
in lots located in front of the building line,
or lots intended for public or visitor use.
In lots located behind the front building line
and intended for employee use, a minimum of
three (3) square fee of landscaped area must
be provided for each required off-street
parking space.
b. Landscape area should occur entirely within
the parking lot boundaries and be comprised of
landscaped islands.
C. Lot design and grading should take advantage
of existing slopes to reduce the size of large
lots.
2 . Parking Lot Islands
a. General - All islands should:
i. Be planted with living material .
June 19, 1992 VIII. Landscape Requirements Westlake Unified Development Code - Page 5
ii. Have a minimum width of nine (9) feet x
eighteen (18) feet long.
iii. Have a minimum of one tree.
b. Location: An island should be located within
Twenty (20) feet of each parking space within
the lot located in front of the building line
or a lot intended for public or visitor use.
In lots located behind the front building
line, and intended for employee use, an island
should be located within seventy-five (75) of
each parking stall . The distance is measured
from the nearest curb line of the island to
the nearest point on the edge of the parking
stall . Islands shall be a minimum of nine (9)
feet wide by eighteen (18) feet long. The
location of parking lot islands recognize
convenient pedestrian circulation routes.
C. Existing Trees: Notwithstanding b. above, the
location of islands may be adjusted to
accommodate existing trees or other natural
features provided that the total Landscape
Area requirements are met.
F. General Site Tree Planting
1. General
a. The planting of large trees when located
properly on site, can improve energy
conservation and comfort levels, as well as
enhance the rural character of the Town. Tree
groupings located in close proximity of
buildings on the south and southwest sides
will reduce sun exposure, glare and heat
build-up particularly during the warm summer
months. Conversely, chilling winter winds
from the north and northwest can be buffered
and re-directed with proper tree plantings.
b. Southeast - Early spring and summer breezes
should be re-directed toward external public
spaces to enhance the comfort and enjoyment of
these potential areas.
June 19, 1992 VIII. Landscape Requirements Westlake Unified Development Code - Page 6
2 . Tree Density, Size, and Specie
a. A minimum thirty-five (35) large trees shall
be planted per acre of the site's permeable
green space. This quantity of trees is in
addition to tree plants required in parking
areas, town edge, and thoroughfare landscape
easements, and screening of loading and
service areas. Two (2) ornamental trees may
be substituted for one (1) large tree.
b. A large tree shall be a minimum caliper of
three (3) inches and minimum height of ten
(10) feet. Ornamental trees shall be a
minimum height of eight (8) feet.
C. Trees shall be selected from the general plant
list. Re: Landscape Standards.
3 . Method to Determine Tree Density
a. General site tree density is derived from the
amount of permeable green space on site.
Permeable green space is planted on grassed
site areas as opposed to impervious surfaces
such as parking areas, plazas and walkways.
This area includes landscape easements on
private property and can be used to determine
total permeable green space.
G. Screening of Loading and Service Areas
1. General
a. Views of loading and service areas, as seen
from roadways and Open Space Corridors, must
be screened.
b. Notwithstanding a. above, no fence, berm or
planting may exceed (4) feet in height within
ten (10) feet of a property line adjacent to
an Open Space Corridor.
2 . Screening of Off-Street Loading Spaces
a. All off-street loading spaces which abut a
residential district must be screened from
that residential district with a minimum ten
(10) foot Landscaped Reserve. Screening of
off-street loading within the Landscape
July 8, 1992 VIII. Landscape Requirements Westlake Unified Development Code - Page 7
Reserve may be accomplished through the
following methods:
i. A six (6) foot high wall or fence with a
minimum of one large tree planted per
each fifty (50) linear feet of easement.
ii. Large evergreen shrubs at a height of six
(6) feet to create a solid planting
within 2 years.
iii. Evergreen trees planted to create a solid
planting within 2 years at a minimum
height of six (6) feet.
iv. A berm with evergreen shrubs planted to
create solid planting within two (2)
years. The minimum width of the berm
shall be twenty (20) feet and the minimum
height shall be three (3) feet.
Evergreen shrubs shall be planted on the
berm for an extra three (3) feet minimum
of screen height to give a total screen
height of six (6) feet. Furthermore, one
large tree shall be planted for each
fifty (50) linear feet of the berm.
b. In all districts, all off-street loading
spaces on a lot shall be located within the
rear or side yard of the property.
3 . Screening of Dumpsters
a. Placement: Dumpsters shall be located in the
side or rear of the property only.
b. Screening: Dumpsters shall be screened with
one of the following methods:
i. A masonry wall enclosure of a height that
is a minimum of one foot above top of
dumpster.
ii. A wood fence enclosure of a height that
is a minimum of one foot above top of
dumpster.
iii. A planting enclosure of large shrubs
planted four (4) feet apart and shall
create a solid screen with two (2) years.
June 19, 1992 VIII. Landscape Requirements Westlake Unified Development Code - Page 8
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enclosed by a double gate with heavy duty
hardware and framing meeting Board approved
standards.
4 . Screening of off-street parking from public roadway
and Open Space Corridors
a. General : All parking areas shall be buffered
from view by either of the following methods:
i. A berm
ii. A planting buffer
iii. A rail fence with vines
iv. Or a combination of the above.
5. Lots Adjacent to the Open Space System
a. General: There should be a strong visual and
functional relationship between
commercial/residential lots and the Town's
Open Space System.
b. Development orientation: Commercial
properties should focus development toward the
natural Open Space System.
H. Acceptable Landscape Materials
1. No artificial plant materials may be used to
satisfy the requirements of this ordinance.
2 . Plant materials used to meet Landscape Plan
requirements must comply with the following minimum
size standards at the time of installation.
a. Large Trees: Large trees must have a minimum
caliper of three inches, and a minimum height
of 10 feet.
b. Small Trees: Small trees must have a minimum
caliper of 211 , and a minimum height of eight
(8) feet.
C. Ornamental Trees: Ornamental trees must have
a minimum height of eight (8) feet.
June 19, 1992 VIII. Landscape Requirements Westlake Unified Development Code - Page 9
d. Large Evergreen Shrub: A large evergreen
shrub must have a minimum height of three
feet.
e. Small Shrub: A minimum of a three gallon
container size.
f. vines: A minimum of a one gallon container
size.
g. Groundcover: A minimum of a 4" pot container
size.
h. Grass: Solid sod or seed may be used.
3 . Material Height: Material height is measured from
the top of the root ball or, if the plant is in a
container, from the soil level in the container.
4 . In satisfying the landscaping requirements of this
article, the use of high-quality, hardy, and
drought-tolerant plant materials is recommended and
encouraged utilizing the General and Special Plant
Lists of the Landscape Standards.
SECTION 5. - IRRIGATION REQUIREMENTS
A. The Owner shall be responsible for irrigation of all
required landscaped areas and plant materials.
B. The irrigation methods that shall be used are:
1. An automatic or manual underground irrigation
system which may be a conventional spray or bubbler
type; or
2 . An automatic or manual underground irrigation
system in conjunction with a water-saving system
such as a drip or a leaky pipe system.
C. Irrigation shall:
1. Provide a moisture level in an amount and frequency
adequate to sustain growth of the plant materials
on a permanent basis.
2 . Be in place and operational at the time of the
landscape inspection for certificate of occupancy.
June 19, 1992 VIII. Landscape Requirements Westlake Unified Development Code - Page 10
3 . Be maintained and kept operational at all times to
provide for efficient water distribution.
D. Notwithstanding A. and B. above, landscape areas
utilizing xeriscape plants and installation techniques,
including areas planted with native grasses and
wildflowers, may use a temporary and above ground system
and shall be required to provide irrigation for the first
two growing seasons only.
No irrigation shall be required for undisturbed natural
areas or undisturbed existing trees.
SECTION 6 . - LANDSCAPE COMPLETION REQUIREMENTS
A. Except as otherwise provided, all landscaping must be
completed in accordance with the approved Landscape Plan
prior to issuance of a Certificate of Occupancy.
However, the property owner may provide the Town with a
Performance Bond approved by the Town that ensures that
the landscaping will be completed within six months from
the date of the issuance of the Certificate of Occupancy.
B. The Bond shall be for an amount that will pay for the
cost of completing the approved Landscape Plan if the
property owner fails to comply within the six month
period.
SECTION 7 . - LANDSCAPE MAINTENANCE REQUIREMENTS
A. The Owner shall be responsible for:
1. the regular maintenance of all required landscape
areas and plant materials in a vigorous and healthy
condition, free from weeds and litter. This
maintenance shall include weeding, watering,
fertilization, pruning, mowing, edging, mulching or
other needed maintenance, in accordance with
generally accepted horticultural practice;
2 . the regular maintenance, repair, or replacement of
required landscape structures (walls, fences, etc. )
to a structurally sound condition, and
3 . the regular maintenance, repair, or replacement of
any screening or buffering required by this Code.
June 19, 1992 VIII. Landscape Requirements Westlake Unified Development Code - Page 11
B. Failure to regularly maintain in accordance with this
article will constitute a violation of this code and
subject to the provisions of Article XV "Enforcement. "
June 19, 1992 VIII. Landscape Requirements Westlake Unified Development Code - Page 12
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ARTICLE IX. - TREE PRESERVATION
SECTION 1. - PURPOSE
The purpose of this article is to encourage the preservation
of mature trees and natural areas, to preserve protected trees
during construction, and provide for the removal of protected
trees when necessary. A "protected tree" is one having a
trunk caliper of eight (8) inches or more, as measured one (1)
foot above natural grade level . It is the intention of the
Town to preserve open space and natural areas and protect them
during construction and the development of property,
particularly natural areas within a development site.
SECTION 2 . - REMOVAL OF PROTECTED TREES
No person, directly or indirectly, may cut down, destroy,
remove, move, or effectively destroy through damaging, a
protected tree without first obtaining a tree removal permit
except that no removal permit is necessary when any protected
tree receives storm damage that effectively destroys the tree
or creates a hazard to life or property.
SECTION 3 . - REMOVAL PERMIT
Application for a removal permit for a protected tree shall be
made by the owner of the property and submitted to the Chief
Building Official. The application shall include the location
of the tree to be removed, a photographic picture of the tree,
the reason for removal, and may include a supporting letter
from an aborist degreed in horticulture, botany, arborculture
or forestry. Any particular application may include the
removal of more than one protected tree.
Upon receipt of the application, the Chief Building Official
shall issue the tree removal permit if he/she finds that (1)
the tree constitutes a hazard to life or property which cannot
be reasonably mitigated without removing the tree; or (2) the
tree is dying, dead, or diseased to the point that restoration
is not practical; or (3) all reasonable efforts have been made
to avoid removing the tree for the development and removal
cannot be avoided.
The application is automatically approved if it has not been
denied within thirty (30) days of filing. A denial of the
application may be appealed to the Planning & Zoning
Commission.
July 8, 1992 IX. Tree Preservation Westlake Unified Development Code - Page 1
SECTION 4 . - TREE PROTECTION DURING CONSTRUCTION
Prior to the commencement of construction on a site, the owner
or contractor shall install protective measures to protect
trees and natural areas from damage during construction,
including damage due to run-off. Such measures shall include
tree protection fencing for trees and hay bales or other
material to minimize pollution and run-off to adjoining areas
or natural areas within the construction site. Failure to
comply with this Article constitutes a violation of this Code.
SECTION S. - MITIGATIVE MEASURES
When proposed development necessitates the removal of
protected trees, the owner shall mitigate the removal by one
or more of the following provisions:
a. Replacement Trees: The planting of replacement trees .
The minimum size of replacement trees is three (3)
caliper inches. If the removed tree is 20 caliper inches
or less, the replacement trees shall be a total of 20
caliper inches. (Ex: 20 inch removed tree shall be
replaced by four (4) 5 inch caliper trees. )
b. Natural Area: Natural area preservation beyond those
areas indicated on the Open Space Plan.
C. Transplanting: Transplanting of existing trees.
SECTION 6. - APPLICABILITY
The provisions of this Article do not apply to that area of a
single family lot that is not within a landscape zone.
July 8, 1992 IX. Tree Preservation Westlake Unified Development Code - Page 2
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ARTICLE X. - FLOODPLAIN
SECTION 1. - PURPOSE
The purpose of floodplain regulations is to protect human life
and health; minimize expenditure of public money for costly
flood control projects; minimize the need for rescue and
relief efforts associated with flooding that are generally
undertaken by the Town at the expense of the general public;
minimize damage to public facilities and utilities such as
water and gas mains, electric, telephone and sewer lines,
streets and bridges located in floodplains ; and providing for
the sound use and development of flood-prone areas in such a
manner as to minimize future flood blight areas.
SECTION 2 . - APPLICABILITY
This article applies to all areas of Special Flood Hazard
within the Town limits of the Town of Westlake. Within the
Town's extraterritorial jurisdiction, this Article applies
only to platting. The Town will not approve a final plat that
does not conform to the minimum Federal Emergency Management
Agency (FEMA) regulations regarding floodplain management.
SECTION 3 . - METHODS OF REDUCING FLOOD LOSSES
This article provides for the following, consistent with
achieving the purposes set forth above:
A. To restrict or prohibit uses that are dangerous to
health, safety or property due to water or erosion
hazards or which result in damaging increases in erosion,
flood heights or velocities.
B. To require that uses vulnerable to floods, including
facilities which serve such uses, be protected against
flood damage at the time of initial construction;
C. To control the alteration of natural floodplains, stream
channels, and natural prospective barriers, which help
accommodate or channel flood waters;
D. To control filling, grading, dredging, and other
development which may increase flood damage;
July 9, 1992 X. Floodplain Westlake Unified Development Code - Page 1
E. To prevent or regulate the construction of flood barriers
which will unnaturally divert flood waters or which may
increase flood hazards to other lands; and
F. To use any other method reasonably calculated to
accomplish the purpose of this article and to promote the
public health, safety, and general welfare.
SECTION 4 . - DEFINITIONS
Unless specifically defined below, words or phrases used in
this article shall be given their common meaning and construed
to effect a reasonable interpretation of this article.
"AREA OF SHALLOW FLOODING" means a certain type of flood zone,
typically designated AO, AH, or VO on a community's flood
insurance rate map which is defined below, with a one (1)
percent or greater annual chance of flooding to an average
depth of one (1) to three (3) feet where a clearly defined
channel does not exist, where the path of flooding is
unpredictable, and where velocity flow may be evident, and be
characterized by ponding or sheet flow.
"AREA OF SPECIAL FLOOD HAZARD" means the land in a floodplain
within a community subject to a one (1) percent or greater
chance of flooding in any given year. The area is generally
designated as Zone A on the flood hazard boundary map (which
is defined below) . After detailed ratemaking has been
completed in preparation for publication of the flood
insurance rate map, Zone A is typically redefined as one or
more of the following zones: A, AE, AH, AO, Al-99, VO, V1-30,
VE or V.
"BASE FLOOD" means the flood having a one (1) percent chance
of being equaled or exceeded in any given year; also known as
the 100-year flood.
"CRITICAL FEATURE" means an integral and readily identifiable
part of a flood protection system, without which the flood
protection provided by the entire system would be compromised.
"DEVELOPMENT" means any manmade change in improved and
unimproved real estate, including but not limited to the
construction or alteration of buildings or other structures,
mining, dredging, filling, grading, paving, excavation or
drilling operations.
"ELEVATED BUILDING" means a building with no basement which:
(i) for zones Al-30, AE, A, A99 , A0, AH, B, C, X, and D, has
the top of the elevated floor, or for zones V1-30, VE, or V,
July 9, 1992 X. Floodplain Westlake Unified Development Code - Page 2
has the bottom of the lowest horizontal structural member of
the elevated floor, elevated above ground level by means of
piling, columns, posts and [or] piers, or shear walls built
parallel to the flow of the water, and (ii) adequately
anchored so as not to impair the structural integrity of the
building during a flood of no greater magnitude than the base
flood. For zones Al-30, AE, A, A99, AO, AH, B, C, X, and D,
"elevated building" also includes a building elevated by means
of fill or solid foundation perimeter walls with openings
sufficient to allow for the unimpeded movement of flood
waters. For zones V1-30, VE, or V, "elevated building" also
includes a building otherwise meeting the definition of
"elevated building" , even though the lower area is enclosed by
means of breakaway walls if the breakaway walls meet the
standards of 44 CFR Part 60, section 60 . 3 (e) (5) of the
National Flood Insurance Program regulations. A copy of the
National Flood Insurance Program regulations are on file in
the records under the custody and control of the floodplain
administrator.
"EXISTING CONSTRUCTION" means, for the purpose of determining
rates, structures for which the "start of construction"
commenced before the effective date of the flood insurance
rate map or before January 1, 1975, for FIRMS effective before
that date. "Existing construction" is used interchangeably in
this article with the term "existing structures" .
"FLOOD OR FLOODING" means a general and temporary condition of
partial or complete inundation of normally dry land by water
resulting from:
1. The overflow of inland or tidal waters, or
2 . The unusual and rapid accumulation or run-off of surface
waters from any source.
"FLOOD BOUNDARY-FLOODWAY MAP (FBFM) " is that portion of the
Flood Insurance Study which delineates the regulatory floodway
within a floodplain.
"FLOOD INSURANCE RATE MAP" means the official map of a
community, or any amended or supplementary map, or any
comparable or similar map which is a substitute or replacement
therefor, as well as any revisions thereto on which the
Federal Emergency Management Agency has delineated both the
areas of special flood hazards and the risk premium zones
applicable to the community. The flood insurance rate map
shall also be referred to in this article as FIRM.
"FLOOD INSURANCE STUDY" is the official report which is
periodically issued by the Federal Emergency Management
July 9, 1992 X. Floodplain Westlake Unified Development Code - Page 3
Agency. The report contains flood profiles, water surface
elevation of the base flood, as well as the flood boundary-
floodway map.
"FLOODPLAIN OR FLOODPRONE AREA" means any land area
susceptible to being inundated by the base flood (see
definition of "flood or flooding") .
"FLOODWAY OR REGULATORY FLOODWAY" means the channel of a river
or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than
a designated height.
"FUNCTIONALLY DEPENDENT USE" means a use which cannot perform
its intended purpose unless it is located or carried out in
close proximity to water, such as docking facilities, port
facilities that are necessary for the loading and unloading of
cargo or passengers, and ship building and ship repair
facilities; however, the term does not include long-term
storage or related manufacturing facilities.
"HIGHEST ADJACENT GRADE" means the highest natural elevation
of the ground surface prior to construction next to the
proposed walls of a structure.
"LEVEE" means a manmade structure, usually an earthen
embankment, designed and constructed in accordance with sound
engineering practices to contain, control, or divert the flow
of water so as to provide protection from flooding.
"LEVEE SYSTEM" means a flood protection system which consists
of a levee, or levees, and associated structures, such as
closure and drainage devices, which are constructed and
operated in accordance with sound engineering practices.
"LOWEST FLOOR" means the lowest floor of the lowest enclosed
area including basement. An unfinished or flood resistant
enclosure, usable solely for parking or vehicles, building
access or storage in an area other than a basement area is not
considered a building's lowest floor; provided that such
enclosure is not built so as to render the structure in
violation of the applicable nonelevation design requirement of
44 CFR Part 60, section 60. 3 , of the National Flood Insurance
Program regulations.
"MEAN SEA LEVEL" means, for purposes of the National Flood
Insurance Program, the National Geodetic Vertical Datum (NGVD)
of 1929 to which base flood elevations shown on a community's
flood insurance rate map are referenced.
July 9, 1992 X. Floodplain Westlake Unified Development Code - Page 4
"NEW CONSTRUCTION" means, for floodplain management purposes,
structures for which the "start of construction" commenced on
or after the effective date of the ordinance enacting this
article; provided, however, that "new construction" as defined
under Ordinance No. 8095, which is in violation of Ordinance
No. 8095 and remains in violation thereof after the effective
date of the ordinance enacting this article; shall be
considered new construction under this article.
"RIVERINE" The condition of a body of water which is
channelized and flowing and either in a natural or improved
condition.
"START OF CONSTRUCTION" (for other than new construction or
substantial improvements under the Coastal Barriers Resources
Act (Pub. L. 97-348) ) means the date the building permit was
issued, and pertains to substantial improvement to an existing
structure as well as construction of a new structure, provided
the actual start of construction, repair, reconstruction, or
placement of new or existing improvements was within one
hundred eighty (180) days of the permit date. The actual
start means either the first placement of permanent
construction of a structure on a site, such as the pouring of
a slab or footings, the installation of piles, the
construction of columns, or any work which has progressed
beyond the stage of excavation and which shall include the
placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as
clearing, grading, and filling, nor does it include the
installation of streets and/or walkways; nor does it include
excavation for basement, footings, piers or foundations or the
erection of temporary forms; nor does it include the
installation on the property of accessory building, such as
garages or sheds not occupied as dwelling units or not as part
of the main structure.
"STRUCTURE" means any walled and roofed building and shall in
addition include manufactured homes and gas or liquid storage
tanks that are principally above ground.
"SUBSTANTIAL IMPROVEMENT" means any repair, reconstruction, or
improvement of a structure, the cost of which equals or
exceeds fifty (50) percent of the market value of the
structure either:
1. before the improvement or repair is started, or
2 . before the damage occurred, if the structure has been
damaged and is being restored.
July 9, 1992 X. Floodplain Westlake Unified Development Code - Page 5
For the purposes of the definition, "substantial
improvement" is considered to occur when the first alteration
of any wall , ceiling, floor, or other structural part of the
building commences, whether or not that alteration affects the
external dimensions of the structure.
The term does not, however, include either:
1. Any project for improvement of a structure to comply with
existing state or local health, sanitary, environmental
or safety code specifications which are solely necessary
to assure safe living conditions; or
2 . Any alteration of a structure listed on the National
Register of Historic Places or a state inventory of
historic places.
"VARIANCE" means a grant of relief from the requirements of
this article. A variance, therefore, permits construction or
development in a manner otherwise prohibited by this article.
For full requirements see 44 CFR Part 60, section 60 . 6 of the
National Flood Insurance Program regulations, a copy of which
is on file in the records under the custody and control of the
floodplain administrator.
"VIOLATION" means the failure of a structure or other
development to comply with the community's floodplain
management regulations. A structure or other development
without the elevation certificate, other certifications,
permits, or other evidence of compliance required in said
section 60. 3 (b) (5) , (c) (4) , (c) (10) , (d) (3) , (e) (2) , (e) (4) ,
or (e) (5) of the National Flood Insurance Program regulations
is presumed to be in violation until such time as that
documentation is provided.
"WATER SURFACE ELEVATION" means the height, in relation to the
National Geodetic Vertical Datum (NGVD) of 1989 , of floods of
various magnitudes and frequencies in the floodplains of
coastal or riverine areas.
(Ord. No. 10056, § 1, 2-9-88)
SECTION 5. - GENERAL PROVISIONS
A. Lands to which this article applies. This article shall
apply to all floodplains within the Town of Westlake or
otherwise under its jurisdiction and control.
B. Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by FEMA,
with accompanying flood insurance rate maps and flood
July 9, 1992 X. Floodplain Westlake Unified Development Code - Page 6
boundary-floodway maps (FIRM and FBFM) or any amended or
supplementary maps, or any comparable or similar map
which is a substitute or replacement thereof, as well as
any revisions thereto, are hereby adopted by reference
and declared to be a part of this article.
C. Establishment of Floodplain Development Permit. A
Floodplain Development Permit shall be required to ensure
compliance with the provisions of this article.
SECTION 6. - ADMINISTRATION
A. Floodplain Administration: The Town Engineer is
responsible for administering, interpreting and
implementing the provisions of this Article.
B. Duties and responsibilities of the local floodplain
administrator. Duties and responsibilities of the
floodplain administrator shall include, but not be
limited to, the following:
1. Maintain all records pertaining to the provisions
of this article.
2 . Review permit applications to determine whether
proposed building sites will be reasonably safe
from flooding.
3 . Review and approve or deny all applications for
development permits required by adoption of this
article.
4 . Review permits for proposed development within a
floodplain to require that all necessary permits
have been obtained from those federal, state or
local governmental agencies (including section 404
of the Federal Water Pollution Control Act
Amendments of 1972 , 33 U.S.C. section 1334) from
which prior approval is required.
5. Review all applications for permits for development
within a floodplain to determine if the proposed
development is located in the floodway. If located
in the floodway, assure that the encroachment
provisions of Section 10 are met.
6 . Interpret as needed the exact location of the
boundaries of the areas of special flood hazards.
For example, where there appears to be a conflict
between a mapped boundary and actual field
July 9, 1992 X. Floodplain Westlake Unified Development Code - Page 7
conditions, the floodplain administrator shall make
the necessary interpretation. The floodplain
administrator shall make such determinations in a
reasonably prudent manner. When any such
interpretation results in a determination that an
area is not a special flood hazard, the issuance of
any building permits for any part of the area
subsequent thereto shall be subject to the
applicant's agreement to indemnify, hold harmless,
and defend the Town of Westlake and the floodplain
administrator for any adverse consequences
resulting from or related to such a determination.
7 . Notify, in riverine situations, adjacent
communities and the Texas Water Commission, prior
to any alteration or relocation of a watercourse,
and submit evidence of such notification to the
Federal Emergency Management Agency.
8 . Assure that the flood-carrying capacity within the
altered or relocated portion of any watercourse is
maintained or increased.
9 . When base flood elevation data has not been
provided in the maps referenced in Section 5. B for
an area within the jurisdiction of the Town, the
floodplain administrator shall obtain, review and
utilize to the extent possible, any base flood
elevation data and floodway data available from a
federal, state or other source.
10. Require that no new construction, substantial
improvements, or other development (including fill)
shall be permitted within Zones Al-30 and AE on the
community's FIRM, unless it is demonstrated that
the cumulative effect of the proposed development,
when combined with all other existing and
anticipated development, will not increase the
water surface elevation of the base flood more than
one (1) foot at any point within the community.
11. Grant variances consistent with the provisions of
Section 9, Variance Procedures, variance
procedures.
July 9, 1992 X. Floodplain Westlake Unified Development Code - Page 8
SECTION 7 . - FLOODPLAIN DEVELOPMENT PERMIT PROCEDURES
A. Floodplain Development Permit: A Floodplain Development
Permit shall be required. It shall be issued by the Town
for all proposed development in an area of Special Flood
Hazard.
B. Application: Application for a Floodplain Development
Permit shall be presented to the Town Engineer on forms
furnished by him and shall include but not be limited to,
plans in duplicate drawn to scale showing the location,
dimensions, and elevation of proposed landscape
alterations, existing and proposed structures, and the
location of the foregoing in relation to areas of special
flood hazard. Additionally, the following information is
required:
1 . Permit Required and Approval of other Agencies: A
permit is required for all proposed development
including single structures in any area of special
flood hazard. Any development in a floodplain will
comply with the floodplain regulations.
a. Vegetation shall not be removed or injured
within the Special Food Hazard area without
written authorization in advance from the Town
Engineer, which may be granted if the request
is in conformance with a landscape plan
approved by the Town; or as a result of
routine maintenance of the vegetation such as
trimming or cutting designed to maintain the
healthy or attractive growth of the
vegetation; or as a result of routine
maintenance of the area in order to maintain
the floodwater conveyance capacity of the
floodplain performed.
2 . Elevation (in relation to mean sea level) of the
lowest floor (including basement) of all new and
substantially improved structures;
3 . Elevation in relation to mean sea level to which
any non-residential structure shall be
floodproofed;
4 . A certificate from a registered professional
engineer or architect that the non-residential
floodproofed structure shall meet the floodproofing
criteria of this Article; and
July 9, 1992 X. Floodplain Westlake Unified Development Code - Page 9
5 . Description of the extent to which any watercourse
or natural drainage will be altered or relocated as
a result of proposed development;
C. Approval or Denial: Approval or denial of a Floodplain
Permit by the Town Engineer shall be based on all of the
provisions of this Article and the following relevant
factors:
1. The danger to life and property due to flooding or
erosion damage;
2 . The susceptibility of the proposed facility and its
contents to flood damage and the effect of such
damage on the individual owner;
3 . The danger that materials may be swept onto other
lands to the injury of others;
4 . The compatibility of the proposed use with existing
and anticipated development;
5. The safety of access to the property in times of
flood for ordinary and emergency vehicles;
6 . The costs of providing governmental services during
and after flood conditions including maintenance
and repair of streets and bridges, and public
utilities and facilities such as sewer, gas,
electrical, and water systems;
7 . The expected heights, velocity, duration, rate of
rise, and sediment transport of the flood waters
and effects of wave action, if applicable, expected
at the site.
8 . The necessity to the facility of a waterfront
location where applicable;
9 . The availability of alternative locations, not
subject to flooding or erosion damage, for the
proposed use; and
10. The relationship of the proposed use to the
Comprehensive Plan and floodplain management
program for the area.
July 9, 1992 X. Floodplain Westlake Unified Development Code - Page 10
D. Floodplain Development Permit Fee
Reference Appendix J "Fee Schedule" for required fees.
SECTION S. - PROVISIONS FOR FLOOD HAZARD REDUCTION
A. General Standards
In all areas of Special Flood Hazards, the following
provisions are required for new construction and
substantial improvements:
1. New construction or substantial improvements shall
be designed (or modified) and adequately anchored
to prevent floatation, collapse or lateral movement
of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of
buoyancy;
2 . New construction or substantial improvements shall
be constructed by methods and practices that
minimize flood damage;
3 . New construction or substantial improvements shall
be constructed by materials resistant to flood
damage;
4 . On-site waste disposal systems shall not be located
within floodplain boundaries.
B. Specific Standards for Habitable Structures
In all areas of Special Flood Hazards where base flood
elevations data has been provided as set forth in this
Article, the following provisions are required:
1. New construction and substantial improvement of any
residential structure shall have the lowest floor
(including basement) elevated to not less than two
(2) feet above the base flood elevation, taking
into account the effects of future urbanization. A
registered surveyor shall submit a certification to
the Town Engineer that this standard has been met.
A record of such certification which includes the
specific elevation (in relation to mean sea level)
to which such structures are floodproofed shall be
maintained by the Town Engineer.
July 9, 1992 X. Floodplain Westlake Unified Development Code - Page 11
2 . New construction and substantial improvements of
any commercial, industrial , or other non-
residential structure shall either have the lowest
floor, including basement elevated to not less than
two (2) feet above the base flood level taking into
account the effects of future urbanization or,
together with attendant utility and sanitary
facilities, be designed so that below the base
flood level the structure is water tight with walls
substantially impermeable to the passage of water
and with structural components having the
capability or resisting hydrostatic and
hydrodynamic loads and effects of buoyancy.
C. Standards For Subdivision
All subdivision proposals shall comply with the
provisions of this Article.
D. Standards for Streets, Drainage, and Utilities
1. The finished elevation of proposed streets shall be
at least two (2) feet above the regulatory flood
protection elevation.
2 . Where necessary, profiles and elevations of streets
may be required to determine compliance with this
requirement.
3 . Drainage openings shall be sufficient to discharge
flood flows without unduly increasing flood
heights.
4 . Storm drainage facilities shall be designed to
convey the flow of surface waters without damage to
persons or property.
5 . The system shall insure drainage at all points
along streets, and provide positive drainage away
from buildings and on-site waste disposal sites.
6 . The facilities shall be designed to prevent the
discharge of excess runoff onto adjacent
properties.
July 9, 1992 X. Floodplain Westlake Unified Development Code - Page 12
SECTION 9 . - VARIANCE PROCEDURES
A. General: The applicant may request a variance from the
Planning and Zoning Commission by filing such request
with the Town.
The Town may grant a variance only upon finding that:
1. The variance is the minimum necessary, considering
the special flood hazard, to afford relief.
2 . The variance is for a good and sufficient cause.
3 . Failure to grant the variance would result in
exceptional hardship to the applicant; and
4 . Granting the variance will not result in increased
flood heights, additional threats to public safety,
extraordinary public expense, or create nuisances.
B. The Town Engineer shall maintain a record of all
variances to the requirements of this Article and shall
report such variances, upon request, to FEMA.
C. Variances may be issued for the reconstruction,
rehabilitation or restoration of structures listed on the
National Register of Historic Places or the State
equivalent, without regard to the procedures set forth in
this Article.
D. Variances shall not be issued within any designated
floodway.
SECTION 10 . - FLOODWAYS
Located within areas of special flood hazard established in
Section 5 are areas designated as floodways. Since the
floodway is an extremely hazardous area due to the velocity of
flood waters which carry debris, potential projectiles, and
erosion potential, the following provisions shall apply:
A. Encroachments are prohibited including fill, new
construction, substantial improvements and other
development unless an approved technical evaluation by a
registered professional engineer is provided
demonstrating that the cumulative effect of the proposed
encroachments when combined with all other existing and
anticipated development and encroachment shall not result
in any increase in flood levels within the community
during the occurrence of the base flood discharge.
July 9, 1992 X. Floodplain Westlake Unified Development Code - Page 13
B. If the provisions of the foregoing paragraph are
satisfied, all new construction and substantial
improvements shall comply with all applicable flood
hazard reduction provisions of Section 8 , Provisions for
Flood Hazard Reduction.
SECTION 11. - APPEAL PROCEDURES
A. General : Appeals may be taken from a requirement,
decision, or determination made by the Town Engineer in
the enforcement or administration of this Article to the
Planning and Zoning Commission. The appeal shall be
filed with the Town Engineer. The Commission may attach
such conditions to the granting of such appeal as it
deems necessary to further the purpose and objectives of
this Article.
B. The Town Engineer shall maintain a record of all appeals
taken pursuant to this Section.
July 9, 1992 X. Floodplain Westlake Unified Development Code - Page 14
ARTICLE XI. - DRAINAGE
SECTION 1. - PURPOSE
The purpose of drainage policies and standards are to protect
the general health, safety and welfare of the public by
reducing flooding potential ; controlling excessive runoff;
minimizing erosion and situation problems; and eliminating
damage to public facilities resulting from uncontrolled storm
water runoff.
SECTION 2 . - APPLICABILITY
The procedures, policies and standards of this Article govern
storm drainage facilities within the Town and its
extraterritorial jurisdiction.
SECTION 3 . - PROCEDURES
A. Preliminary Study Requirements
1. General: The owner may be required to provide, at
owner's expense, a preliminary drainage study of
the area proposed for development, in conjunction
with the preliminary plat submittal .
2 . The preliminary drainage study and preliminary plat
shall be submitted to the Town Engineer prior to
approval of the preliminary plat by the Planning
and Zoning Commission.
3 . The study shall be prepared by a civil engineer
licensed to practice in the State of Texas.
4 . The study shall include:
a. Contour Map: A contour map of the entire
drainage area contributing runoff to the
subdivision equivalent to the currently
approved contour maps of the Town, or five (5)
foot contours, whichever is less. Drainage
areas greater than 400 acres may be shown on a
map at a scale smaller than 1 inch = 200 feet
subject to the concurrence of the Town
Engineer.
June 19, 1992 XI. Drainage Westlake Unified Development Code - Page 1
b. Design calculations: Sufficient design
calculations showing preliminary sizes and
locations of drainage facilities.
B. Final Plan Requirements
1. General: The owner shall, at the owner's expense,
provide complete final plans and specifications for
the drainage facilities associated with a final
plat.
2 . Preparation: The plans and specifications shall be
prepared by a civil engineer licensed to practice
in the State of Texas.
3 . Submittal: The plans and specifications shall be
submitted to the Town Engineer for review and
concurrence prior to final plat approval .
C. Responsibility for Plans and Specifications
General: The owner and owner's engineer shall be
responsible for the accuracy of the information furnished
in the design of the storm drainage facilities.
SECTION 4 . - POLICIES
A. Types of Drainage Features
1. Closed Systems, i.e. , storm sewers
2 . Open Channels, either improved or natural
B. Closed systems
1. Storm water runoff shall be carried in storm sewer
pipe, subject to the approval of the Town Engineer
when:
a. Flow would exceed accepted capacities as given
in the current Town of Westlake Drainage
Handbook; or
b. Where it is necessary for the protection of
adjacent facilities that the storm water be
carried in an enclosed facility.
2 . Headwalls and erosion protection shall be
constructed at the outfall of all storm sewer
June 19, 1992 XI. Drainage Westlake Unified Development Code - Page 2
systems, and shall be faced with natural stone or
masonry.
C. Open Channels
Open channels may be used instead of enclosed systems
when the drainage area of contributing flow to the
channel is greater than 160 acres. Open channels may be
permitted when the drainage area is less than 160 acres
when approved by the Town Engineer. Table One shows the
maximum velocities allowed for certain types of channels.
TABLE ONE
MAXIMUM PERMISSIBLE VELOCITIES IN CHANNELS
Flow through: Max. Velocity (FPS)
Earthen Channels 3 - 6*
e- a-
Channels in Shale 6 . 0
Channels in Rock 6 - 10*
* Depends upon exact type of vegetative cover,
soil, or rock for the location in questions.
Please refer to the current Town of Westlake
Drainage Handbook for more information.
The following criteria shall be used in determining the
nature of the open channel :
1. For channels with a contributing drainage area of
160 to 320 acres:
a. If the natural channel is to be replaced by an
improved channel, the flow from the one
hundred (100) year return frequency storm must
be contained within the improved channel while
allowing for one foot of freeboard.
b. Improved channels may be concrete lined or
concrete bottomed if the design velocity is
greater than six (6) feet per second. Other
types of linings, i.e. , gabions, stone rip-
rap, etc. , may be used upon approval of the
Town Engineer. Improved channels with design
velocities of less than six (6) feet per
June 19, 1992 XI. Drainage Westlake Unified Development Code - Page 3
second may be earthen if the channels are
revegetated properly.
C. The developer or owner shall use low
maintenance vegetation for vegetative cover,
as approved by the Town Engineer prior to
planting.
2 . For channels with a contributing drainage area of
greater than 320 acres.
a. The channel may be left in its natural,
unimproved state and all land within the 100-
year floodplain and any required maintenance
easement, shall be dedicated to the Town of
Westlake as a permanent drainage right-of-way
and open space corridor.
b. Alternatively, if the property owner so
desires, the Town of Westlake may allow an
improved channel capable of carrying the one
hundred (100) year return frequency flood
while maintaining a freeboard of one foot. An
improved channel shall only be allowed if it
meets the floodplain alteration regulations
presented in Article X.
SECTION 5. - DESIGN STANDARDS
Please refer to the Town of Westlake Drainage Handbook.
SECTION 6. - OFF-SITE DRAINAGE, EASEMENTS, AND CONSTRUCTION
A. Off-Site Drainage
1. The owner or developer of property to be developed
shall be responsible for all storm drainage flowing
on such person's property. This responsibility
includes the drainage directed to that property by
prior development as well as drainage naturally
flowing through the property by reason of
topography.
2 . Adequate consideration shall be given by the owner
in the development of property to determine how the
discharge leaving the proposed development will
affect downstream property, with the velocity of
said downstream drainage not to exceed the maximum
permissible velocity as per Table One. That
June 19, 1992 XI. Drainage Westlake Unified Development Code - Page 4
portion of the drainage that is undeveloped land
will be considered to be fully developed in
accordance with the Town's approved land-use plan
and the velocity will be based on that assumption.
B. - Easements and Construction
1. On lots or tracts of three (3) acres or more where
storm water runoff has been collected or
concentrated, it shall not be permitted to drain
onto adjacent property except in existing creeks,
channels or storm sewers unless proper drainage
easements or a letter of release of liability from
the affected property owner is filed for record
with the Town of Westlake.
2 . All proposed storm drainage - facilities (i. e. :
pipes, channels, graded swales) which convey
concentrated storm runoff beyond the boundary of a
single property shall be placed within the limits
of a dedicated drainage easement or public right-
of-way. Private storm drainage systems which
collect only on-site storm drainage runoff from one
lot or tract shall not be placed in a dedicated
storm drainage easement. Channels, floodways, and
floodplains delineated on the Federal Emergency
Managment Agency (FEMA) Flood Insurance Rate Maps
and other natural channels accepted by the Town as
part of the development plan shall be placed within
a dedicated drainage easement or public right-of-
way of sufficient size to contain the 100 year
frequency fully developed storm. The drainage
easement shall be of sufficient size to take into
account any additional width to accommodate future
bank erosion as determined by engineering slope
stability calculations. A 4 to 1 earthen bank
shall be assumed in establishing the limits of the
drainage easement.
3 . The subdivider, developer, or builder shall pay for
the cost of all drainage improvements required for
the development of such person's subdivision or
other construction, including any necessary
downstream off-site channels or storm sewers and
acquisition of the required easements, with the
following exception:
a. If the owner is unable to acquire the
necessary off-site easements, such owner shall
provide the Town with documentation of such
owner's efforts, including evidence of a
June 19, 1992 XI. Drainage Westlake Unified Development Code - Page 5
reasonable offer made to the affected property
owner. Upon a written request for assistance,
the Town shall acquire these easements either
through negotiations or condemnation. In
either case, the cost of these easements shall
be paid by the owner.
4 . All construction shall be in accordance with the
standard specifications for street and drainage
construction in the Town.
June 19, 1992 XI. Drainage Westlake Unified Development Code - Page 6
ARTICLE XII. - SIGN STANDARDS
SECTION 1. - PURPOSE
The Town of Westlake, Texas recognizes the need for signs. It
is intended that this Article regulate the location, size,
construction, erection, duration, use and maintenance of all
signs within the jurisdiction of the Town.
SECTION 2 . - OBJECTIVE
The Town of Westlake adopted this Sign Ordinance, Ordinance
No. 159 , originally on February 9, 1989 , to specifically
protect the health, safety and welfare of its citizens, to
promote property values, to reduce visual pollution, to
promote community environmental setting and appearance, and to
support the objections of the individual zoning districts by
providing for a comprehensive regulation of outdoor
advertising, specifically to include the erection, structural
alteration and maintenance of all types of billboards, signs,
bills, posters and other outdoor advertising material within
the corporate limits of the Town.
SECTION 3 . - SIGN DEFINITIONS
For the purposes of this Ordinance, the following words and
phrases shall have the meanings respectively ascribed to them
by this section, unless the context requires a different
definition:
"Advertise" . The act of directing attention.
"Advertising searchlight" . An outdoor advertising device used
to direct beams of light upward.
"Banner sign" . Any advertising device composed primarily of
cloth, paper, fabric, or other similar non rigid material ,
supported by wire, rope, or similar means, displayed on
private property, not including decorative streamers with no
lettering thereon. National and state flags and banners not
used for commercial purposes when located wholly on private
property shall not be considered as signs for the purposes of
this Ordinance.
"Berm or low profile sign" . Any sign with all components
permanently affixed, and if illuminated, permanently wired for
lighting, with the copy bearing portion of the structure
June 22, 1992 XII. Sign Standards Westlake Unified Development Code - Page 1
and/or embellishments beginning at grade, or within six (6)
inches of grade.
"Billboard" . Any flat surface erected on a framework or on
any structure, or attached to posts and used for, or designed
to be used for the display of bills, posters or other
advertising material, for the purpose of advertising a
business or activity not located on the same premises as the
said advertising material . Mobile advertising, hand-carried
signs, and political signs shall not be considered a billboard
for purposes of this Ordinance.
"Changeable copy sign" . A sign specifically designed for
periodic changes in its advertising message, i.e. , reader
boards, theater marquees, and billboard signs.
"Display case" . A case, cabinet or other device having a
window of glass or other transparent material, or other
opening, access to which is made from other than within a
structure or building.
"Double pole structure" . Any structure using two (2) single
poles to support a sign, with any two (2) poles being
separated a minimum distance of thirty-six (36) inches. Pole
embellishments of any kind shall not be a part of a pole or
poles; however, minimal structurally designed cross-bracing
may be included with poles.
"Electric sign" . Any sign which utilizes electricity in its
operation.
"Erect" . To construct, build, raise, assemble, emplace,
affix, attach, create, paint, draw or in any other way bring
into being or establish.
"Exterior Sign" . Any sign that is visible from a public
street or roadway or parking lot.
"Federal aid primary system" . Any highway which is a portion
of the federal aid primary highway system as defined in, and
designated pursuant to, Title 23 of the United States Code.
The term "primary system" may be used herein interchangeably
with the term "federal aid primary system. "
"Glass sign" . Any sign having letters or designs painted,
stamped or applied on glass, or metal tracery of letters or
designs filled with glass, or metallic surfaces enameled with
glass or vitreous substance.
June 22, 1992 XII. Sign Standards Westlake Unified Development Code - Page 2
"Hand-carried sign" . Any picket, poster, sandwich sign, or
other advertising or message carrying device which is carried
on one' s person.
"Highway control zone" . An area on either side of any federal
aid primary system, which is within six hundred and sixty
(660) feet of the nearest edge of the right-of-way of said
highway, and as to outdoor advertising, to be within the
highway control zone, the advertising material must be visible
from the main traveled way of said highway.
"Interior Sign" . Any sign on the exterior wall of a building
that is not visible from a public street or roadway or parking
lot.
"Mobile advertising" . Any visual advertising device placed on
a merchandising rack, stand or cart, or on a vehicle or
trailer, which vehicle or trailer is used primarily for
transporting persons or goods other than the outdoor
advertising device.
"Off-premise sign" . Any outdoor advertising device directing
attention to any business, product, service or activity not
offered, sold or conducted upon the same premises where such
advertising is located.
"On-premise sign" . Any outdoor advertising device pertaining
to an activity, product, or business conducted or sold at the
location on which the sign is located.
"Outdoor advertising" . Any means of visual advertising
located outdoors, set, placed or affixed to a structure, post
or real estate, to include, but not limited to signs,
temporary mobile signs, private directional signs, regardless
of the content of the message or wording thereon, billboards,
and posters. Political signs, except as expressly provided
herein, mobile advertising, hand-carried signs, and vending
machine signs, shall not be considered outdoor advertising for
purposes of this Ordinance.
"Pole sign" . Any free-standing, permanent, on-premise sign
supported from the ground up by upright structural members.
"Political sign" . Any device announcing or promoting the
candidacy of one or more persons for elective public office,
or concerning any political issue appearing or which is to
appear on the ballot in any public election.
"Private directional sign" . A sign not erected by or under
authority of any governmental agency, which contains only
information designed to direct pedestrian or vehicular traffic
June 23, 1992 XII. Sign Standards Westlake Unified Development Code - Page 3
and which contains no advertising material or business name.
Examples of private directional signs include signs bearing
only the word "entrance" or "exit" , located on or near a
parking lot. No sign which contains the name of a business or
activity, or any other advertising material, shall be
considered a private directional sign, even though such sign
may also contain the word "entrance" or "exit" . A sign
containing the word "parking" at any parking lot shall be
considered an advertising sign, not a private directional
sign.
"Programmed electronic displays" . Any display in which lamps
are used to give time, temperature, stock market or similar
information or can be electronically programmed to deliver
more than five (5) different messages.
"Sign" . Any device or surface on which letters,
illustrations, designs, figures or symbols are painted,
printed, stamped, raised, projected or in any manner outlined
or attached, and used for advertising purposes; temporary
mobile signs and private directional signs shall be considered
signs for purposes of this Ordinance, regardless of the
content of the message or wording thereon. Political signs,
except as expressly provided herein, mobile advertising, hand-
carried signs, vending machine signs, each as defined in this
section, shall not be considered signs for purposes of this
Ordinance.
"Sian Permit" . A permit issued under the authority of the
Town to erect, move, structurally alter or structurally repair
any specific billboard, sign or other outdoor advertising,
within the corporate limits of the Town.
"Sign structure" . Any portion of an advertising device
inclusive of its supports, or any device solely designed for
carrying an advertising message.
"Single pole structure" . A single pole structure shall mean
any singular vertical structural member supporting a
horizontal sign structural members or a sign. A single pole
shall not be greater in dimension than twelve (12) inches,
unless structural design necessitates.
"Show window" . A window or opening in the walls of a
structure or building used for commercial purposes, the area
behind such window or opening being accessible only from
within the structure or building of which it is a part or
attached to.
"Sky sign" . Any sign supported or attached wholly or in part
over or above any wall, building or structure.
June 22, 1992 XII. Sign Standards Westlake Unified Development Code - Page 4
"Street banner" . Any commercial or noncommercial flag or
banner hung or suspended over any public street or public
property.
"Structurally alter" . To change the form, shape or size of an
existing sign or any supportive or bracing elements of said
sign excluding temporary embellishments on a changeable copy
sign.
"Structurally repair" . The reconstruction or renewal of any
part of the supportive or bracing elements of an existing
sign.
"Swinging sign" . Any sign so hung or constructed that any
part thereof can swing.
"Temporary mobile sign" . A freestanding and portable sign,
not to be left in place more than thirty (30) days at one
location; this definition includes signs attached to trailers
which are not "mobile advertising" as defined in this section.
"Vending machine sign" . Advertising material affixed to a
coin-operated vending device, which advertising pertains only
to the goods or services sold or dispensed by the vending
device to which it is attached.
"Visible" . When used in connection with visibility of a sign
from a highway, the term "visible" shall mean that the
advertising material is visible from said highway; if a sign
is located within six hundred and sixty (660) feet of a
highway, but is so situated that it is readable only from
another street, and not readable from the highway, it shall
not be considered to be visible from the highway even though
the structure supporting the sign can be seen from the
highway.
SECTION 4 . - GENERAL PROVISIONS
It shall be unlawful for any landowner, tenant, contractor or
other person having responsibility or control of any premises,
to suffer, permit or allow placement, erection or maintenance
of any sign or display case of any type within this Town other
than publicly-maintained street or directional signs, except
as specifically provided for in this Ordinance.
SECTION 5. - INTERPRETATION
Nothing herein shall be construed to give the right to any
person to erect or maintain any outdoor advertising in any
June 22, 1992 XII. Sign Standards Westlake Unified Development Code - Page 5
zone or district of the Town wherein the particular form of
outdoor advertising is prohibited by deed restrictions, zoning
or other ordinances, state or federal law or regulations.
SECTION 6. - PROJECTION OVER PUBLIC PROPERTY OR PUBLIC WAY
No sign shall extend over public property or public right-cf-
way.
SECTION 7 . - SIGNS NECESSITATED BY CONSIDERATIONS OF HEALTH,
WELFARE AND SAFETY.
Whenever unusual circumstances arising out of unique
conditions surrounding a building site or caused by its
occupancy give rise to problems of health, safety and welfare
that could be substantially alleviated by the use of a sign,
such sign as may be necessary for the purpose involved, may be
temporarily erected upon approval of the Building Official or
a designated representative. Such approval shall be
temporarily given at the time an application is made to the
Town. Such temporary approval shall be granted -only for the
time period necessary for the routine approval or disapproval
of the sign by the Board of Aldermen. Such signs shall be
restricted to the minimum area necessary to accomplish the
purpose for such signs.
SECTION 8. - ALARM DEVICE SIGNS
It is essential that when alarm devices are installed on
residential or commercial buildings that identification be
given as to the company, person, representative or agency to
be contacted in case of its activation. Only one such sign
shall be allowed per street face for each system installed and
the sign area shall be limited to 140 square inches, except
additional signs may be permitted by the Board of Aldermen
upon application, only when such signs are found by the Board
to be necessary for the safety and welfare of the occupants or
property involved.
June 22, 1992 XII. Sign Standards Westlake Unified Development Code - Page 6
SECTION 9 . - CONSTRUCTION SIGNS
Whenever a building permit has been issued for the
construction, alteration or repair of a structure, and work is
in progress on the site pursuant to such permit, contractors
or architects engaged in such work during the time such work
is going on, may display on the site their sign, which may be
either made of materials permitted for permanent or temporary
signs as prescribed in this Ordinance, provided, however, that
the following area requirements are complied with:
A. No such individual sign displayed on the building site
shall be of an area larger than twenty (20) square feet.
B. No individual contractor or architect shall display more
than one sign on any building site at any given time.
C. The total area of construction signs displayed at any one
time on the building site, considered together, shall not
exceed thirty (30) square feet.
SECTION 10 . - TEMPORARY SIGN REGULATIONS
Temporary Signs are such signs as may be needed from time to
time to indicate that the premises are for sale or for rent.
Such signs shall be limited to one (1) such sign for each
property frontage involved and no single sign shall exceed
twenty (20) square feet in area or contain lettering exceeding
twelve (12) inches in height. Such signs shall contain only
the following information:
A. That the property is for sale, lease or exchange by the
owner or his agent.
B. The owners or agent's name.
C. The owners or agent's address and telephone number.
D. When appropriate to the occasion, the words "open house"
or "inquire within. "
Such signs shall not be located on or over public property and
may only be displayed on the property that is for sale,
exchange or lease. Temporary signs may be made of the same
material permitted for permanent signs, and in addition, may
be made of less durable materials and woods such as
pasteboard; but in no event shall be self-illuminated,
luminescent, fluorescent, or have any characteristic which
will make them glow or shine. Such signs shall be removed
upon agreement of sale, exchange or lease.
June 22, 1992 XII. Sign Standards Westlake Unified Development Code - Page 7
SECTION 11. - REMOVAL OF SIGN AND DISPLAY CASES
Signs or display cases which have been abandoned due to a
closing of a business, a change in business name or for any
other reason rendering the sign or display case not applicable
to the property involved, shall be removed by the permit
holder or the owner of the building or premises within ten
(10) days from the date of the action that caused the sign or
display case to be considered abandoned. A condition of
approval for all signs or display cases shall be that permit
holder or owner of the building of premises, at his own
expense, remove all signs or display cases. An abandoned sign
or display case may be removed by the Town after the ten (10)
day period stated above, and the permit holder or owner may be
charged for the cost of removal . New signs for a building or
property on which an abandoned sign is located shall not be
approved until the abandoned sign is removed. Approval may be
given on the condition that the abandoned sign is removed
before a new sign is erected.
The Board of Aldermen shall hold a hearing to determine when
a sign or display case is abandoned. Ten (10) days written
notice of the hearing shall be sent by certified mail to the
permit holder at his last known address, and to any other
address at which there is reason to believe he might receive
mail, and to the owner at his address. Said notice shall
state:
A. A general description of the sign or display case.
B. That upon a finding of abandonment, the sign or display
case shall be held by the Town for fifteen (15) days and
then disposed of by sale if determined to be of a value
of $100. 00 or more, or disposed of in any manner if worth
less than $100. 00.
C. Where the sign or display case may be reclaimed.
D. That the reasonable costs of removal may be assessed at
the hearing along with an administrative charge.
E. That the hearing and assessments can be avoided by the
removal of the sign or display case within seventy-two
(72) hours after -the date of the notice.
The Board of Aldermen shall determine the reasonable cost to
the Town of removing the sign or display case and if an
administrative charge should be assessed. Administrative
costs shall be $100. 00 unless otherwise determined by
resolution of the Board. Proceeds shall be first applied to
July 9, 1992 XII. Sign Standards Westlake Unified Development Code - Page 8
pay assessed costs, administrative costs, and other costs
reasonably incurred.
SECTION 12 . - TIME LIMITATION OF APPROVED APPLICATIONS
Approved applications for signs or display cases shall be
considered null and void when any of the conditions below are
found to exist:
A. That such sign or display case was not built or placed in
accordance with the approval granted.
B. That the sign or display case was not placed on the site
within ninety (90) days of approval and no extension of
time has been granted by the approving body.
C. That the business license has lapsed or become inactive,
or the sign is considered abandoned as described in
Section 10 of this Ordinance.
SECTION 13 . - SIGNS AND DISPLAY CASES WITHIN THE COMMERCIAL
DISTRICTS
All signs or display cases in the commercial districts require
a sign permit. The Chief Building Official may, subject to
the standards set forth in this Ordinance, temporarily approve
an application for a sign or display case. Such approval
shall expire at the next meeting of the Board of Aldermen. All
permits shall be for a specific location and the moving of
such signs or display cases shall require a new permit. The
following regulations shall apply within the commercial
districts.
A. Prohibited signs and display cases. No sign or display
case shall be permitted that:
1. Does not pertain to a commercial use on the site.
2 . Is incompatible in design with the building and
space allotted.
3 . Is flashing, illuminated, phosphorescent, moving or
primarily glossy.
4 . Contains lettering exceeding twelve (12) inches in
height.
5. Projects or extends above the eave or parapet line,
if attached to any structure.
June 22, 1992 X11. Sign Standards Westlake Unified Development Code - Page 9
6 . Is for a business which does not have an active
business license on file with the Town.
7 . Exceeds twenty-four (24) square feet in area.
8 . Could create confusion to the public or to police
and fire response calls in emergencies, or tends to
degrade the character of the Town, affect the
peace, health and welfare of the community or
result in a degradation of property values and/or
an increase in the cost of municipal services.
B. Maximum allowable sign area. The maximum aggregate area
of all signs shall not exceed the following for buildings
within the commercial district.
1 . A building with forty (40) feet or less frontage on
a public way, shall not exceed sixteen (16) square
feet of exterior signs and ten (10) square feet of
interior signs.
2 . A building with frontage greater than forty (40)
feet on a public way, shall not exceed four (4)
square feet of signs for each ten (10) feet of
frontage or major fraction thereof, up to a maximum
of twenty-four (24) square feet for exterior and
twenty (20) square feet of interior signs.
3 . A building with frontage on more than one public
way, shall not exceed four square feet of signs for
each ten (10) feet of frontage on any building face
for both interior and exterior signs, up to a
maximum of twenty (20) square feet unless the
building elects not to place signs on one of the
faces in which event the provisions of 2 . above
will apply.
4 . A building designed in such a way as to have
business locations within the interior of the
structure served by an interior mall or by other
means of ingress and egress by the public shall be
limited to one (1) sign at each entry identifying
the building or mall name and a directory which may
contain the names of all businesses within the
building. Individual businesses within the
building shall be limited to one (1) projecting
sign not to exceed three (3) square feet in area or
one (1) flat sign not to exceed six (6) square feet
in area when approved by the Board of Aldermen.
Interior business locations shall not be entitled
to individual signs on the exterior of the building
June 22, 1992 XII. Sign Standards Westlake Unified Development Code - Page 10
adjacent to the public way or individual signs
within the mall or walkway area of the building
other than as permitted above.
5. The Board of Aldermen may make special exemptions
to the above allowable areas where hardship is
incurred or where unusual design of a building
requires special consideration.
C. Signs exempt from formal review.
1. Interior signs of one hundred and sixty (160)
square inches or less when the aggregate area does
not exceed that allowable for interior signs.
2 . Temporary signs as provided for in this Ordinance.
3 . Political signs so long as they do not exceed the
maximum square footage provisions of this Section.
Thirty (30) days after the election, which includes
any run off election, all political signs
pertaining to such election shall be removed or be
subject to removal by the Town. Candidates shall
be responsible for removal of their political
signs. If the Town removes the signs, it may
assess the candidate the actual costs of removal .
D. Sign area. In calculating the area of signs, the
following shall apply:
1. All faces of a multifaced sign shall be included
except for double-faced signs in which case only
one face shall be included.
2 . For irregular shaped signs, the area shall be that
of the smallest rectangle that will wholly contain
the sign.
3 . That with the exception of signs which are allowed
to be painted directly on a wall the area of a sign
shall include the board or other material of which
the sign is a part, including framing, visual or
other wise, but exclusive of the brackets from
which the sign is hung.
E. Standards for display cases.
1. All display cases shall be in size and scale with
their surroundings and shall be designed in keeping
with the existing architecture.
June 23, 1992 XII. Sign Standards Westlake Unified Development Code - Page 11
2 . Display cases shall not exceed ten (10) square feet
in area or ten (10) cubic feet in total volume.
3 . Display cases shall contain but one sign no larger
than necessary to identify the owner of the case
and direct the public to the store where the
merchandise displayed is sold. The sign shall not
exceed twenty four (24) square inches.
4 . Display cases shall be located on the same property
as the business premises to which the display case
applies.
5 . All display cases shall be maintained in accordance
with the approval granted for their placement.
6 . Merchandise displayed in the case shall be typical
of products for sale in the business premise and
the case shall not be used to display wares of
another business located elsewhere or of
merchandise not available in the store to which the
display case has been permitted.
SECTION 14. - SIGNS WITHIN THE RESIDENTIAL DISTRICTS
It is recognized that no house numbering system exists in most
parts of Westlake, and house signs featuring either the name
of the house or the name of the occupant, or both, have
historically served a necessary function in locating
residences and their occupants by a method deemed preferable
to a house numbering system. It is further recognized that
there are other situations wherein the use of signs by
property owners in the residential district is deemed
appropriate; such signs, however, to be subordinate to the
primary signs naming the house or occupants. To provide
appropriate regulation of such signs, this section is enacted.
The following regulations shall apply to all signs in the
residential districts:
A. Prohibited signs.
1. Self-illuminated, luminescent, fluorescent or have
any characteristic which makes them glow or shine.
2 . House name signs and occupant name plates exceeding
two (2) square feet each in area and "No Handbills
Allowed" or "No Soliciting Allowed" signs exceeding
2" x 12" .
June 22, 1992 XII. Sign Standards Westlake Unified Development Code - Page 12
3 . Signs other than temporary signs described
elsewhere in this Ordinance, which are made of
cardboard or less permanent material .
4 . Permanent signs exceeding an aggregate area of four
(4) square feet when not otherwise authorized
through a use permit.
5 . Temporary signs which:
a. Exceed four (4) square feet in area.
b. Have letters exceeding four (4) inches in
height.
C. Total more than two (2) such signs on a single
family building site.
d. Construction signs exceeding that allowable
under this Ordinance.
e. Any sign not expressly allowed in this
Ordinance.
B. Allowable signs.
1. House name signs and occupants' name plates.
House name signs and occupants' name plates are
those signs which, by their nature and wording,
identify either the house or its occupant, or both,
and which essentially take the place of house
numbers. Such signs may include pictorial and
decorative designs as well as words, and may be in
any shape or form, but shall not exceed four (4)
square feet in area. The name of a ranch or farm
when incorporated into an entranceway or gate to
the property is exempt from these provisions if
such has been approved by the Board of Aldermen.
The names or designs denoting ranches in existence
at the time of the passage of this Ordinance are
exempt from the provisions of this Ordinance.
June 22, 1992 XII. Sign Standards Westlake Unified Development Code - Page 13
2 . Home occupation signs.
Home occupation signs are those signs designating a
permitted home occupation in the residential
district being carried on at the site, and are only
permissible in the R200 Country Residential
Districts. The legend designating the home
occupation may be merged with house names or
occupant's type sign, thus constituting one sign;
or may, at the occupant's option, be stated on a
separate sign, providing however, that such
separate sign shall not exceed an area of two (2)
square feet.
3 . Temporary signs.
Temporary signs, as provided for in this Ordinance.
In addition, one garage sale, rummage sale or
estate sale sign not exceeding three (3) square
feet or having letters exceeding three (3) inches
in height may be displayed on the site during the
hours of the sale.
4 . Political signs.
Political signs may be placed on the property
provided they do not exceed four (4) square feet in
area provided that:
a. No political sign may be placed in the public
roadway or easement adjacent to such roadway
or placed in any location which would cause a
traffic hazard by obscuring or in any manner
blocking the vision of any driver of a vehicle
using the public street or entering any such
street.
b. Thirty (30) days after the election, which
includes any run off election, all political
signs pertaining to such election shall be
removed or be subject to removal by the Town
pursuant to the provisions of this Ordinance.
SECTION 15 . - GENERAL CONSTRUCTION REQUIREMENTS
A. All signs shall be constructed and supported to withstand
a horizontal pressure of thirty (30) pounds for every
square foot of exposed surface. All structural members,
hangers, braces, tie rods, cables, anchors and fastenings
shall be of sufficient strength to withstand the stresses
June 22, 1992 XII. Sign Standards Westlake Unified Development Code - Page 14
that may be brought upon them with a factor of safety of
six (6) .
B. Signs weighing twenty (20) pounds or less attached to the
wall of a building may have the cable or wire anger
anchored with an expansion shield and bolt; provided,
that the wall is sound and the projection of the sign is
not excessive in relation to the size of the wall and
pitch of the hanger. Wall anchors for guy cable or wires
for such signs shall be expansion shields and bolts or
through bolts fastened on the opposite side of the wall .
No staples or nails shall be used for anchoring any guy
wire or cable.
C. Where signs and sign frames are supported or suspended
with chains or wire, chains or wire of not less than No.
8 B & B standard gauge shall be used. Chain supports
shall have welded links of not less than three-sixteenths
of an inch in diameter. No cable shall be tied or
loosely twisted around any anchor or any other support,
but shall be properly sized around the anchor or joined
into a loop and the loose end fastened to the standing
part of the cable with approved clips or clamps. Where
signs are bolted to supports, the bolts shall be supplied
with lock nuts. All cable and wire used in hanging signs
shall be galvanized. All other supports and exposed
structural parts shall be maintained in a safe condition
at all times and kept in good condition and repair.
SECTION 16. - SIGNS ERECTED UPON OR ANCHORED TO FIRE WALL OR COPING
No sign shall be erected upon the fire wall or coping of any
building unless such wall is especially designed to carry the
additional load. No sign shall be anchored to such wall, but
shall be attached to and supported by other structural parts
of the building.
SECTION 17 . - GLAZING: STRENGTH OF GLASS
The glazing of signs shall be done in a substantial manner.
Glass shall be well bedded in putty and secured in substantial
frames of copper or zinc tracery. Glass may be plate or
double strength. In no case shall glass less than one-eighth
of an inch in thickness be used. No single light of plate
glass shall exceed two hundred (200) square inches in area.
No light of double strength glass shall exceed six hundred
(600) square inches in area.
June 22, 1992 XII. Sign Standards Westlake Unified Development Code - Page 15
SECTION 18 . - OBSTRUCTION OF LIGHTING AND UTILITIES
No outside advertising shall be so placed as to appreciably
obstruct the lighting of any street, alley or public property,
or interfere with any public utility service or traffic-
control device.
SECTION 19 . - OBSTRUCTING FIRE ESCAPES PROHIBITED
No sign of any kind shall be placed in any position in such a
manner as to obstruct any fire escape, door, window or other
passageway leading to a fire escape or to a street exit, nor
shall a sign be fastened in any manner to a fire escape.
SECTION 20 . - PLACEMENT ON ANOTHER'S PROPERTY
It shall be unlawful for any person to post, paint or
otherwise exhibit any billboard, advertisement, poster, bill
or other notice or sign, on any property not owned or
controlled by him, without the permission of the person owning
or controlling said property.
SECTION 21. - PLACEMENT ON VEHICLES
It shall be unlawful for any person to place or cause to be
placed anywhere in the Town, any poster, placard, handbill,
or advertising material on any vehicle, or in any location,
in such a manner that the same may reasonably be expected to
be blown about by the wind. It shall be presumed that the
person's name that appears on said poster, placard,
handbill, or advertising material has knowledge of the
location and manner that said item was placed. It shall be
further presumed that if a large number of said items are
found scattered about and being blown about by the wind that
the items were placed in such a manner that they might
reasonably be expected to be blown about by the wind.
SECTION 22 . - PLACEMENT OF OUTDOOR ADVERTISING ON TREES, ROCKS,
ETC.
It shall be unlawful for any person to erect, maintain or
paint any sign, billboard or other outdoor advertising upon
a tree, rock or other natural feature.
June 22, 1992 XII. Sign Standards Westlake Unified Development Code - Page 16
SECTION 23 . - PROHIBITED ADVERTISING DEVICES
The following types of signs and advertising devices are not
permitted within the corporate limits of Westlake:
A. Advertising searchlights.
B. All off-premises commercial signs and billboards.
C. Any signs on a single or double pole structure that
extend into the air more than eight (8) feet as
measured from the top of the structure to the grade
under the sign.
D. Sky signs.
E. Street banners or festoons.
F. Off premises banners.
G. Sandwich or "A-frame" signs.
H. Sidewalk or curb signs.
I . Tethered pilotless balloons or other gas-filled
advertising devices.
J. Signs placed on vehicles and used as stationary
advertising devices.
K. Mobile advertising.
L. Changeable copy sign.
SECTION 24 . - FUNCTIONS OF THE BOARD OF ALDERMEN
The Board of Aldermen will review all applications for signs
and display cases, grant or deny said applications, and
issue sign permits. In reviewing said applications, the
Board will uphold the provisions of this Ordinance; will
assure that the signs will be compatible with the property
and use thereof, and will not create hazards, confusion,
poor aesthetics, loss of business, clutter and garishness,
adversely affect the stability and value of property, or
produce degeneration of property with attendant
deterioration of conditions affecting the peace, health and
welfare of the Town.
July 9, 1992 X11. Sign Standards Westlake Unified Development Code - Page 17
ARTICLE XIII. - PLATTING
SECTION 1. - PURPOSE
It is the purpose of this Article to promote sound planning in
the subdivision of land, and to provide consistent rules which
protect the public health, safety, and welfare while allowing
the legal platting of land.
The regulations herein have been made after careful study of
existing local conditions and the desirable future development
of the Town. It is not the desire or the intent of the Board
of Aldermen to regiment the design of subdivisions of property
in the Town and its environs, but rather to recommend the
utilization, to the fullest extent possible, of good, sound,
modern subdivision planning principles.
It is intended that as much freedom as possible be allowed the
individual owners and subdividers in the design and ultimate
development of new subdivisions so that they will contribute
innovation, individuality, and character to the community's
new residential neighborhoods, commercial and industrial
districts. At the same time, these rules are intended to
assure that such development provides for:
A. Sufficient, adequate major and secondary traffic
thoroughfares and public facilities.
B. Minimum standards for facilities.
C. Consistency with the Comprehensive Plan, Thoroughfare
Plan, Open Space Plan and other adopted plans and
policies.
D. A consistent and equitable pattern of development among
neighboring parcels of land.
SECTION 2 . - APPLICABILITY
Pursuant to the provisions of Chapter 42 , Chapter 212 , and
Chapter 242 of the Texas Local Government Code, the governing
body of the Town does hereby extend to all of the area under
its extraterritorial jurisdiction as defined by the statutes
of the State the application of all of the terms and
provisions in this Article establishing rules and regulations
governing plats and subdivisions of land.
June 17, 1992 XIII. Platting Westlake Unified Development Code - Page 1
No person shall create a subdivision of land within the Town
or within its extraterritorial jurisdiction without complying
with the provisions of this Article, and all plats and
subdivisions of any such land shall conform to the rules and
regulations set forth in this Article.
The owner of a tract of land located within the limits or in
the extraterritorial jurisdiction of the Town who divides the
tract in two or more parts to lay out a subdivision of the
tract, including an addition to a municipality, or to lay out
suburban, building, or other lots, and to lay out streets,
alleys, squares, parks or other parts of the tract intended to
be dedicated to public use or for the use of purchasers or
owners of lots fronting on or adjacent to the streets, alleys,
squares, parks, or other parts must have a plat of the
subdivision prepared.
The Planning and Zoning Commission shall not approve any plat
of any subdivision within the zoning jurisdiction of the Town
unless the plat complies with the existing zoning. In
addition, the plat shall comply with the Town's Thoroughfare
Plan and Open Space Plan.
The County Clerk of the county in which said land lies shall
not file any such plat or replat of a subdivision unless there
shall appear thereon, the endorsement of the Chairman of the
Planning and Zoning Commission and the Mayor. In the absence
of the Mayor, the Mayor Pro Tem may sign the certificate of
the final plat.
The Town Engineer shall not release or issue a building permit
for a property unless it has been legally platted.
SECTION 3 . - PRE-APPLICATION CONFERENCE
It is suggested that each owner or subdivider of land first
confer with the Town Planner before preparing the preliminary
plat or replat of a proposed subdivision and secure a copy of
the rules and regulations governing subdivisions of land so
that such person may become thoroughly familiar with the
subdivision requirements and policies of the Town, as well as
the provisions of the Comprehensive Plan, Thoroughfare Plan,
and Open Space Plan, that may relate to and have effect upon
the general area in which the proposed subdivision is
situated.
June 17, 1992 XIII. Platting Westlake Unified Development Code - Page 2
SECTION 4 . - APPLICATION REQUIRED
The procedure for review and approval of a subdivision plat
consists of two (2) separate steps.
A. The initial step is the preparation and submission of a
preliminary plat of the proposed subdivision.
B. The second step is the preparation and submission of a
final plat together with the required certificates.
This final plat becomes the instrument to be recorded in the
office of the County Clerk when duly signed by the Chairman of
the Planning and Zoning Commission and the Mayor.
If a person is planning to develop a tract of land which will
involve public improvements, then the owner is required to
supply engineering drawings to be approved by the Town
Engineer prior to approval of a final plat and before any
construction commences on site, in accordance with this
ordinance, with the exception provided for herein.
SECTION 5 . - PRELIMINARY PLAT SUBMITTAL
In order to evaluate the consistency of a subdivision with the
rules contained in this Article, the subdivider shall prepare
a preliminary plat, together with other supplementary
materials, in accordance with this section.
Except as otherwise specified, copies of the preliminary plat
and supplementary materials shall be submitted to the Town
with the filing fee as provided in Exhibit J "Fee Schedule" ,
along with written application for conditional approval at
least twenty (20) days prior to the Planning and Zoning
Commission meeting at which it is to be considered.
Copies or prints of the subdivision shall be drawn on sheets
of twenty-four (24) inches by thirty-six (36) inches and be
drawn to a scale of one (1) inch equals one hundred (100) feet
or greater. In cases of large developments which would exceed
the dimensions of the sheet at a scale of one (1) inch equals
one hundred (100) feet, preliminary plats may be drawn to a
scale of one (1) inch equals two hundred (200) feet. Town
Planner may require a preliminary plat for the entire tract of
land.
Copies or prints of the proposed subdivision shall show the
following:
June 17, 1992 XIII. Platting Westlake Unified Development Code - Page 3
A. Boundary lines, bearing, and distances sufficient to
locate the exact area proposed for the subdivision.
B. The name and location of all adjoining subdivisions drawn
to the same scale and shown adjacent to the tract
proposed for subdivision in sufficient detail to show
accurately the existing streets and alleys and other
features that may influence the layout of development of
the proposed subdivision. Adjacent unplatted land shall
show property lines and owners of record.
C. The location and widths of all streets, alleys and
easements existing or proposed within the subdivision
limits. In the case of easements, a written statement as
to the easement use shall be included with the plat.
D. The location of all existing property lines, buildings,
wastewater or water mains, gas mains, electric lines,
telephone lines, or other underground structures,
easements of record or other existing features within the
area proposed for subdivision.
E. Zoning classification and designation of the intended
uses of land within the proposed subdivision, setting out
residential, retail, business, industrial , and off-street
parking zones, and all other parcels of land intended to
be dedicated to public use such as schools, parks and
playgrounds, and other special uses or quasi-public uses
that may be required. However, approval of a preliminary
plat with uses so indicated does not constitute approval
of such uses.
F. Proposed building setback lines along the street for each
corner or double frontage lot.
G. The title under which the proposed subdivision is to be
recorded, the name and address of the owner with the name
of the licensed registered public surveyor platting the
tract, and the name of Westlake.
H. Scale, north arrow, date and other pertinent data.
I . Contours at vertical intervals of not more than five (5)
feet.
J. All pertinent physical features of the property to be
subdivided, including the location and size of all
watercourses, flood plains, ravines, rock outcrops,
wooded areas, bridges, culverts, existing structures,
drainage area in acres draining into the subdivision, and
any other significant features of the subdivision.
June 17, 1992 XIII. Platting Westlake Unified Development Code - Page 4
K. When the preliminary plat submitted for approval covers
only a portion of the owner's or subdivider's entire
holding or subdivision, a sketch of the prospective
future street system of the unsubmitted part of the tract
shall be submitted.
The street system portions submitted for approval shall
be considered in light of adjustments and connections
with that portion of the street system not submitted.
L. Political boundaries i.e. , corporate boundary lines,
school district boundary lines, and county lines shall be
shown when applicable.
M. The Town may require an enlargement of a particular lot
to be submitted containing dimension and setback
information, as well as the buildable lot area.
No lot shall be approved with a minimum buildable lot
area less than the minimum requirements of that
particular zoning district.
The following notice shall be placed on the face of each
preliminary plat by subdivider: "Preliminary Plat - for
Inspection Purposes Only. "
A preliminary plat shall be accompanied by three (3) copies of
a drainage plan sufficient in detail to determine how
localized drainage will be accommodated and its effect on
adjacent property. It will be prepared by an engineer
registered to practice in the State of Texas and experienced
in municipal drainage work and will address the requirements
of Article XI "Drainage" and Article X "Floodplain" and will
include in addition to the above information:
1. A contour map, with intervals authorized by the Town
Engineer at the pre-application conference at a scale not
to exceed one (1) inch equals two hundred (200) feet,
showing the entire drainage area contributing run-off to
the subdivision. For drainage areas in excess of four
hundred (400) acres, smaller scale drainage maps may be
authorized by the Town Engineer.
2 . Design calculations showing preliminary sizes of drainage
facilities.
3 . Design calculations and floodplain delineations
supporting the floodplain information required by Article
X "Floodplain" .
July 13, 1992 XIII. Platting Westlake Unified Development Code - Page 5
SECTION 6. - PRELIMINARY PLAT APPROVAL
Plat Requirements: The subdivider shall submit in duplicate
a preliminary plat to the Planning and Zoning Commission. The
following procedures shall be the preliminary plat approval
process:
A. The Town Planner shall make a study of the plat and give
a written report to the Planning and Zoning Commission
prior to its final action on the preliminary plat.
B. Following review of the preliminary plat and other
material submitted to comply with these regulations the
Planning and Zoning Commission shall , within thirty (30)
calendar days after the filing of the application for
such preliminary plat, act thereon as submitted, or
modified, and if approved, the Planning and Zoning
Commission shall express its approval as conditional
approval, if any, or if disapproved, shall express its
disapproval and its reason in writing.
C. Pursuant to Chapter 212 of the Local Texas Government
Code, all plats or replats of subdivisions which comply
with the terms of this Article without variance or
deviation must be approved by the Planning and Zoning
Commission of the Town.
D. The approval of the preliminary plat by the Planning and
Zoning Commission does not constitute official acceptance
of the proposed subdivision by the Town, but does
constitute an authorization to begin and proceed with the
preparation of the final subdivision plat, and such plat
shall be deemed to have been disapproved until all
requirements contained herein have been complied with. In
other words, the Preliminary Plat is not the "Plat
Required" as referred to in Section 212 . 004 of the Local
Government Code, but to the extent that an applicant
claims that it is the plat that must be approved by the
Town pursuant to Section 212 . 009 of the Local Government
Code said plat is disapproved.
E. There shall be no work done in the field on the proposed
subdivision.
F. Approval of the preliminary plat expires after twelve
(12) months from the date of approval unless the final
plat has been submitted for approval .
G. The action of the Planning and Zoning Commission shall be
noted on two (2) copies of the preliminary plat,
July 9, 1992 XIII. Platting Westlake Unified Development Code - Page 6
referenced and attached to any conditions required by the
Commission.
H. Action of the Commission shall be certified by the
Chairman, Planning & Zoning Commission.
I . One copy shall be returned to the subdivider and the
other retained in the files of the Town.
SECTION 7 . - FINAL PLAT SUBMITTAL
Copies of the final plat shall be submitted at a scale of one
(1) inch equals one hundred (100) feet, or greater.
The final plat shall show or be accompanied by the following
information:
A. The subdivision name or identifying title and the name of
the city, county and state in which the subdivision is
located, the name and address of the record owner or
subdivider.
B. The names of adjacent subdivisions, names of streets,
location of utility easements and dimensions, and the
number of lots and blocks. Names of new streets shall,
wherever possible, follow or be extension of existing
street names. All street names shall be subject to the
approval of the Town.
C. An accurate boundary survey of the property which is
being subdivided, noting the bearings and distances of
the sides, same being referenced to original survey
lines, or established subdivision, showing the lines of
all adjacent streets, alleys and easements, noting width
and names of each. Streets, alleys and easements of
adjacent subdivisions shall be shown in a different
manner than those of the proposed subdivision, preferably
by dotted or dashed lines.
D. The record plat shall indicate the location of all lots,
streets, highways, alleys, easements, parks, playgrounds,
and other features, with accurate dimensions given in
feet and decimals of a foot, showing the length of radii,
deflection angles, and of arcs of all curves, tangent
distances and tangent bearings shall be given for each
street; all such data being complete and sufficiently
precise to permit accurate location upon the ground.
July 9, 1992 XIII. Platting Westlake Unified Development Code - Page 7
E. Construction plans for all utilities such as:
1. Proposed water distribution system.
2 . Proposed sewage collection system.
3 . Plan and profile of proposed streets.
4 . Plan and profile of on-site and off-site proposed
drainage facilities.
F. The building lines of front and side streets shall be
shown dotted or dashed, and the location of utility
easements shall be shown in dashed lines.
G. The plat shall bear a properly executed dedication of all
streets, highways, alley, parks, playgrounds, and other
lands intended for use of the public, such dedicatory
instrument to be signed by the owner, or owners, and by
all other persons or parties having a mortgage or lien
interest in the property. Any private restrictions or
any trusteeships intended shall be filed with the plat,
if same are too lengthy to permit lettering of same upon
the plat.
H. Proper certification shall be made upon the plat, by a
registered professional land surveyor, ascertaining that
the plan represents a survey made by such engineer or
surveyor and that all necessary monuments are accurately
and correctly shown upon the plat. The engineer shall
place such monuments as required by the Town and they
shall be set at all corners and angle points of the
boundaries of the original tract to be subdivided and at
all street intersections, angle points in street lines
and points of curve and as such intermediate points as
shall be required by the Town. All lot corners are also
to be marked with iron pipe markers driven firmly into
solid earth. Such monuments shall be of iron rods not
less than one half (1/2) of an inch in diameter and
eighteen (18) inches in length, driven securely into
solid earth with the grades of same being at grade with
established sidewalk, or if walk is not established,
flush with natural grade of the earth's surface.
I. Proper blanks for certificate of approval to be filled
out by the Board of Aldermen and County Commissioners
Court.
J. Date, scale and north arrow.
July 9, 1992 XIII. Platting Westlake Unified Development Code - Page 8
K. Executed Development Agreement as required in Section
X. 1. F.
SECTION 8. - PLAT VACATIONS AND REPLATS
Any plat or replat may be vacated by the owner of the land at
any time before the sale of any lot therein by a written
instrument declaring the same to be vacated, duly executed,
acknowledged, and recorded in the office of the County Clerk,
subject to approval of the Planning and Zoning Commission.
In cases where lots have been sold, the plat or replat, or any
part thereof, may be vacated upon the application of all the
owners of lots in said plat and with the approval of all the
owners of lots in said plat and with the approval of the
Planning and Zoning Commission in accordance with Sections
212 . 013 and 212 . 014 Chapter 212 , Municipal Regulation of
Subdivisions and Property Development.
In the event there is not compliance with the previous stated
requirement, a replat or resubdivision of a plat, or a portion
thereof, but without vacation of the immediately previous plat
may be approved by the Planning and Zoning Commission in
accordance with Chapter 212 , Municipal Regulations of
Subdivisions and Property Development and particularly Section
212 . 015.
Notwithstanding any other provision of this Section, the
Planning and Zoning Commission may approve and issue an
amending plat which is sighed by the owners of the properties
affected and which is for one or more of the purposes set
forth in this paragraph, and such approval does not require
notice, public hearing, or approval of other lot owners. This
paragraph shall apply only if the sole purpose of amending the
plat is:
A. To correct an error in any course or distance shown on
the prior plat;
B. To add any course or distance that was omitted on the
prior plat;
C. To correct an error in the description of the real
property shown on the prior plat;
D. To indicate monuments set after death, disability or
retirement from practice of the engineer or surveyor
charged with responsibilities for setting monuments;
July 9, 1992 XI11. Platting Westlake Unified Development Code - Page 9
E. To show the proper location or character of any monument
which has been changed in location or character or which
originally was shown at the wrong location or incorrectly
as to its character on the prior plat;
F. To correct any other type of scrivener or clerical error
or omission as previously approved by the Planning and
Zoning Commission and or Board of Aldermen, such as lot
numbers, acreage, street names, and identification of
adjacent recorded plats ;
G. To correct an error in courses and distances of lot lines
between two adjacent lots where both lot owners join in
the application for plat amendment and neither lot is
abolished, provided that such amendment does not attempt
to remove recorded covenants or restrictions and does not
have a material adverse effect on the property rights of
the other owners in the plat;
H. To relocate a lot line in order to cure an inadvertent
encroachment of a building or improvement on a lot line
or an easement;
I . To relocate one or more lot lines between one or more
adjacent lots where the owner or owners of all such lots
join in the application for the plat amendment, provided
that such amendment does not attempt to remove recorded
covenants or restrictions or increase the number of lots;
or
J. To make necessary changes to the prior plat to create six
or fewer lots in the subdivision or a part of the
subdivision covered by the prior plat if:
1. The changes do not affect applicable zoning and
other regulations of the Town;
2 . The changes do not attempt to amend or remove any
covenants or restrictions; and
3 . The area covered by the changes is located in an
area that has been approved as a residential
improvement area.
July 9, 1992 X11I. Platting Westlake Unified Development Code - Page 10
SECTION 9 . - FINAL PLAT APPROVAL AND RECORDATION
The final plat shall conform to the preliminary plat as
approved and, incorporating all changes, direction and
additions imposed by the Board of Aldermen. The final plat
shall not be released for filing, and no building or work
permit issued until detailed engineering plans have been
approved by the Town and addresses assigned to each lot or
parcel of land. All plats, preliminary and final, shall be
deemed disapproved until there has been full compliance with
all requirements contained in this Article and such additional
requirements imposed by the Town or its agents for which
provision is herein made.
If so desired by the developer, the final plat may constitute
only that portion of the approved preliminary plat which the
developer proposes to record and then develop, provided,
however, that such portion conforms to all the requirements of
these regulations.
Upon receipt of the final plat, the Town Engineer shall check
the plat to ascertain its compliance with these regulations
and the action of the Board of Aldermen. When the copy of the
final plat has been checked and found to meet all general
requirements and design standards, the developer or the
developer's engineers shall submit twelve (12) copies of the
final plat to the Town Engineer. The Town Engineer shall
stamp on each of the twelve (12) copies the certificate of
approval of the Planning and Zoning Commission attested by the
Chairman of the Planning and Zoning Commission, and the Mayor
and Town Secretary, when such final plat has been approved.
The developer or the developer's authorized agent will secure
the required number of plats. The Town shall have the
responsibility to record said plats with the County Clerk at
Tarrant and/or Denton County, Texas, within thirty (30) days
of the date of the final approval.
Engineering plans showing details of streets, alleys,
sidewalks, culverts, bridges, storm sewers, water mains,
sanitary sewers and other engineering details of the proposed
subdivision shall be submitted to the Town Engineer along with
the final plat of the subdivision. Such plans shall be
prepared by a registered professional engineer and shall
conform to the standards and specifications established by the
Town. The final plat will not be released for filing until
detailed engineering plans have been approved by the Town
Engineer.
After approval of the plat by the Board of Aldermen, the
original thereof, two white background blueline prints and a
reproducible tracing shall be furnished the Town Engineer.
July 9, 1992 XIII. Platting Westlake Unified Development Code - Page 11
All figures, letters and symbols shown upon the drawing shall
be plain, distinct and of sufficient size as may be easily
read and of such density as they will remain a permanent and
lasting record.
The aforementioned original shall be forthwith filed by the
Town Engineer with the County Clerk as required by law and
upon return of said original from said Clerk the filing
information shall be appropriately recorded by the Town and
the original of such plat shall be returned to the developer.
After all improvements required by the Town have been
completed by the owner or subdivider of the proposed
subdivision, the Board of Aldermen will require one set of as-
built drawings of all underground utilities and street
improvements, the same to be filed within thirty (30) days
after completion of all required improvements.
Approval of the final plat shall expire unless the plat is
recorded in the office of the County Clerk within a period of
thirty (30) days after the date of final approval .
Conditional Approval of a final plat or replat shall expire
one (1) year from the date of the Planning and Zoning
Commission action if the conditions of approval have not been
satisfied.
SECTION 10 . - STANDARD PLAT WORDING
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS : THAT
does hereby adopt this plat designating the hereon above
described property as an addition to
the Town of Westlake, Texas and does hereby dedicate to the
Town of Westlake in fee simple forever the streets and alleys
shown thereon. The easements shown thereon are hereby
dedicated and reserved for the purposes as indicated. The
utility, access and fire lane easements shall be open to the
public and private utilities for each particular use. The
maintenance of paving on the utility, access and fire lane
easements is the responsibility of the property owner. No
buildings, fences, trees, shrubs, or other improvements or
growths shall be constructed or placed upon, over or across
the easements as shown, easements being hereby reserved for
the mutual use and accommodation of all public utilities using
or desiring to use the same. All, and any public utility
shall have the right to remove and keep removed all or parts
of any buildings, fences, trees, shrubs, or other improvements
or growths which in any way endanger or interfere with the
construction, maintenance or efficiency of its respective
system on the easements, and all public utilities shall at all
times have the full right of ingress and egress to or from and
July 9, 1992 XIII. Platting Westlake Unified Development Code - Page 12
upon the said easements for the purpose of constructing,
reconstructing, inspecting, patrolling, maintaining and adding
to or removing all or parts of its respective systems without
the necessity at any time of procuring the permission of
anyone. Any public utility shall have the right of ingress
and egress to private property for the purpose of reading
meters and any maintenance and service required or ordinarily
performed by that utility.
This plat approved subject to all platting ordinances, rules,
regulations and resolutions of the Town of Westlake, Texas.
Notarization Statement
Surveyor's Certificate
SECTION 11. - EXCEPTIONS AND APPEALS
The Board of Aldermen, upon recommendation by the Planning and
Zoning Commission may authorize exceptions from these
regulations, pursuant to the procedures in Article II
"Authority and Administrative Procedures" .
The Board may authorize an exception from these regulations
when in its opinion undue hardship will result from requiring
strict compliance. Exceptions may be granted only when
consistent with the general purpose and intent of this Article
so that the public health, safety, and welfare may be secured
and substantial justice done. Pecuniary hardship to the
subdivider, standing alone, shall not be deemed to constitute
undue hardship. In granting an exception, the Board shall
prescribe only conditions that it deems necessary or desirable
to the public interest and upon making the findings
hereinafter required.
The Board shall take into account the nature of the proposed
use of land involved and existing uses of the land in the
vicinity, the number of persons who will reside or work in the
proposed subdivision, and the probable effect of such
exception upon traffic conditions and upon the public health,
safety, convenience, and welfare in the vicinity.
No exceptions shall be granted unless the Board of Aldermen
finds:
July 9, 1992 XIII. Platting Westlake Unified Development Code - Page 13
A. That there are special circumstances or conditions
affecting the land involved such that the strict
application of the provisions of this Article would
deprive the applicant of the reasonable use of his land.
B. That the exception represents the minimum departure from
the provisions of this Article necessary for the
preservation and enjoyment of a substantial property
right of the applicant, and that the granting of the
variance will not be detrimental to the public health,
safety, or welfare, or injurious to other property in the
area.
C. That the granting of the exception will not have the
effect of preventing the orderly subdivision of other
lands in the area in accordance with the provisions of
this Article.
Such findings of the Board of Aldermen together with the
specific facts on which such findings are based shall be
incorporated into the official minutes of the Board meeting at
which such exception is granted.
The Board shall not authorize an exception that would
constitute a violation of a valid code or ordinance of the
Town.
SECTION 12 . - CONSTRUCTION REQUIREMENTS
All public improvements and facilities shall be designed and
constructed in accordance with the Comprehensive Plan,
Thoroughfare Plan, Open Space Plan, and other applicable
ordinances and regulations of the Town. Plans and
specifications for the construction of public improvements and
facilities shall be approved by the Town Engineer and no
construction shall commence without written permission of the
Town Engineer.
A. Streets
1. The arrangement, character, extent, right-of-way,
paving width, grade, and location of all streets
shall conform to the Thoroughfare Plan and shall be
considered in their relation to existing and
planned streets, to topographical conditions, to
public safety and in their appropriate relation to
the proposed uses of land to be served by such
streets.
July 9, 1992 XIII. Platting Westlake Unified Development Code - Page 14
2 . When streets are not on the Thoroughfare Plan, the
arrangement of streets in a subdivision shall
either:
a. Provide for the continuation or appropriate
projection of existing streets in surrounding
areas, or
b. Conform to a plan for the neighborhood
approved or adopted by the Planning and Zoning
Commission to meet a particular situation
where topographical or other conditions make
continuance or conformity to existing streets
impracticable.
3 . Local streets shall be laid out so that their use
by through traffic will be discouraged.
B. Easements
1. Easements across lots or centered on rear or side
lot lines shall be provided for utilities and shall
be a minimum of fifteen (15) feet wide. Utility
companies may specify widths that are more or less
than fifteen (15) feet in width.
2 . Where a subdivision is traversed by a watercourse,
drainage-way, channel, or stream, there shall be
provided a storm easement or drainage right-of-way
conforming substantially with such course, and of
such additional width as may be designated by the
Town Engineer that will be reasonably adequate for
proper drainage without concrete channelization.
Parallel streets, alleys or parkways along said
waterway may be required in this situation.
3 . The developer or subdivider shall be responsible
for the cost of the acquisition of off-site
easements, including drainage easements, required
to serve the subdivision or provide appropriate
drainage.
If the owner or developer is unable to acquire the
necessary off-site easements, such owner may
provide the Town with documentation of such owner's
efforts, including evidence of a reasonable offer
made to the affected property owner, and make a
written request for assistance from the Town. The
Town shall acquire these easements through
negotiations or condemnation. The owner shall be
responsible for reimbursing the Town all costs
July 9, 1992 XIII. Platting Westlake Unified Development Code - Page 15
associated with the condemnation. The owner shall
tender to the Town 1. 5 times the anticipated costs
of the acquisition. If the actual costs are
greater than the tendered amount, the owner shall
pay the additional amount to the Town. If the
actual costs are less than the tendered amount, the
Town shall refund the difference.
4 . Dedication of a mutual access easement may be
required to provide cross access of adjacent
property or shared use of a driveway to conform
with the minimum driveway standards established by
the adopted Thoroughfare Plan. Access easements
are typically required of development along divided
thoroughfares where a driveway is adjacent to or
aligned with an existing median opening. The
minimum width of an access easement shall be 15
feet along or adjacent to a property line and 24
feet if located elsewhere on the property.
C. Public Facilities
1. Street Improvement. The subdivider of each tract of
land will be required to construct all streets at
his own expense and according to the Town's
standard specifications, including all engineering
costs covering design, layout and construction
supervision. Preliminary plans for such
improvements shall be submitted to the Town
Engineer for tentative approval .
Detailed construction plans, including plan and
profile for each street, shall be filed with the
submission of the final plat in the same number of
copies as required of the final subdivision plat.
The Town shall have the exclusive right to
determine the size, location and type of each
street and the developer shall be required to
dedicate all on-site right-of-way required
therefor.
2 . Signalization. Developers shall pay the cost of
on-site intersection signalization immediately
adjacent to the site.
3 . Street Signs. Street signs shall be installed by
the subdivider at each intersection in accordance
with the Town's standards, and shall be in place
prior to issuance of building permits.
July 9, 1992 XIII. Platting Westlake Unified Development Code - Page 16
4 . Water Lines, Sewer Lines and Storm Sewers
a. At the time of submission of the preliminary
plat, the subdivider must demonstrate the
availability of water service and wastewater
disposal to the subdivision at a level
sufficient to accommodate the proposed land
uses.
b. The subdivider or developer shall install, at
such subdivider's or developer's own expense,
all water lines, sewer lines, storm sewer
lines and drainage ditches and structures in
accordance with the Town's standard
specifications governing the same.
C. Sizing of all water mains and sewer lines
shall be in accordance with the standards
adopted by the Town, including those set out
in the Town's Water and Wastewater Systems
Study, and any additional standards or
requirements adopted by the Board. All off-
site water mains, wastewater lines, storm
sewers and/or drainage facilities required to
connect service to the subdivision shall be
installed at the expense of the subdivider.
If water mains or sanitary sewer mains larger
than 12 inches and storm sewers larger than 72
inches are required by the Town in order to
provide additional service to other areas of
the Town, the Town will enter into a pro-rata
repayment contract with the developer or
subdivider so that he/she will obtain a
repayment of the costs when other areas are
developed and connected to the improvements.
d. The developer shall pay for all design and
engineering costs for the installation of the
required on-site and off-site public
improvements.
e. All bridges, drainage structures and storm
sewers shall be constructed in accordance with
the Town specifications prescribed therefor.
f. The owner shall provide all the necessary
easements and rights-of-way required for
drainage areas and facilities. Easement width
for storm sewer pipe shall not be less than
ten (10) feet and easement width for open
drainage channels shall be at least twenty
July 9, 1992 XIII. Platting Westlake Unified Development Code - Page 17
(20) feet wider than the top of the channel ,
fifteen (15) feet of which shall be on one
side to serve as an access for maintenance
purposes.
5. Drainage Facilities. All drainage structures and
storm drains shall be constructed in accordance
with the Town's standard specifications governing
the same.
6. Construction Permit. Prior to any work being
performed by the property owner's contractor in or
upon any public street, alley, easement,
thoroughfare or public place within the Town for
purposes of laying, constructing, building,
repairing, rebuilding, grading, graveling, paving
surfaces, excavating, resurfacing or doing any
work, the contractor shall obtain from the Town, a
permit to do such work and pay a permit fee to the
Town in the amount of four (4) percent of the cost
of the work and execute a bond to the Town in the
sum of fifty (50) percent of the total contract
price.
Bonds will not be required for the following:
a. Projects with value of work less than
$2 , 000. 00.
b. Maintenance of driveways and sidewalks
constructed by a homeowner.
C. Dirt work which is in compliance with the
Town's specifications.
The bond shall have an expiration date of two
(2) years after the date of acceptance of the
specified work contemplated. The permittee
shall notify the Town Engineer of the date on
which such permittee intends to commence the
work for the permit is sought.
7 . Subdivision Developer's Installation of Water and
Sewer Extensions; Plans
a. Upon approval by the Town, a developer of an
addition shall design and prepare construction
plans of water and/or sanitary sewer
facilities to serve a subdivision, including
any access or off-site facilities that may be
required. These plans shall conform in all
July 9, 1992 XIII. Platting Westlake Unified Development Code - Page 18
details to the Town's standards as to the
design, grade, location, and size. Quality of
materials and construction shall be approved
by the Town Engineer.
b. Plans and profiles submitted by the
developer's engineer shall be inked on
standard twenty-four (24) inch by thirty-six
(36) inch mylar sheets. Plans and profiles
shall be shown at scales of not less than one
inch to forty (40) feet horizontal, and one
inch to four (4) feet vertical . Plans and
profiles shall show clearly all surface
improvements, all existing or proposed
subsurface utility lines and obstructions, and
street and alley grades as approved by the
Town Engineer. The engineer submitting the
plans and profiles must affix such engineer's
seal and signature to the tracings of all
plans and profiles. The complete tracings for
water and sewer plans and profiles shall be
submitted to the Town Engineer for approval .
Upon final approval, the tracings will be
returned to the developer's engineer for the
purpose of making such prints as such engineer
may require, after which the tracings shall be
returned to become the permanent property of
the Town.
C. Upon approval of the plans by the Town, the
developer may enter into a contract with any
individual or the developer may construct the
system as so planned; provided, however, that
the construction and installation of the water
lines and sewer lines shall be supervised by
inspectors of the Town to see that the
installation is made in accordance with the
plans and the Town's standard specifications.
d. When the project is ready for construction,
line and grade stakes will be set by the
developer's engineer. All construction and
installation of water and sewer mains shall be
supervised by the developer's engineer and
inspected by inspectors of the Town. The
expense of the inspections will be paid by the
developer.
e. No installation of water or sewer mains shall
be made in any other location except a
dedicated street, alley or an easement which
July 9, 1992 XIII. Platting Westlake Unified Development Code - Page 19
shall be filed of record by the owner. Any
installation shall become the property of the
Town free and clear of all encumbrances, and
any contract entered into between the
developer and a contractor shall provide for a
performance bond assuring completion of the
construction of the water and sewer mains .
8 . Special Installations. In the event that a special
installation, such as a lift station, water tower,
etc. is required, the same shall be installed
pursuant to an agreement between the Town and the
developer, owner, or subdivider.
9 . Maintenance Bonds. The owner, developer or
subdivider shall execute a maintenance bond in
favor of the Town for all public improvements and
facilities installed by the owner, developer or
subdivider. The maintenance bond will cover a two
year period from the date that the public
improvement or facility is accepted by the Town.
Acceptance of a public improvement or facility will
be made in writing by the Town Engineer.
July 9, 1992 XIII. Platting Westlake Unified Development Code - Page 20
XIV. - ZONING-RELATED APPLICATIONS
SECTION 1. - GENERAL
A. Filing of an Application
See Article I Authority and Administrative Procedures.
It is recommended that the applicant have a pre-
application conference with a Town official or the Town
Planner prior to submitting a formal application.
B. Submission of Plans
1. All plans submitted pursuant to this Unified
Development Code shall be prepared by a registered
planner, architect, engineer or landscape
architect.
2 . The applicant shall submit the following
quantities of submittals as may be required, or as
proposed in support of an application, in order to
provide for adequate review of the application:
a. Six copies of all plans, elevations and other
drawings that form the submittal .
b. Six copies of the Application form and 8 1/2"
x 11" photographic reduction of the drawings.
C. Six copies of the Development Schedule,
Preliminary Service Plan, Draft Development
Agreement and any other supporting material.
d. Two copies of the geo-technical report.
SECTION 2 . - PLANNED DEVELOPMENT (PD) CHANGE AND REQUIREMENTS
A. General
1. The Planned Development District may be granted by
the Board based on a Concept Plan in the case of a
large property; however, prior to securing a
Building Permit, a Site Plan must be submitted and
approved by the Board of Aldermen upon
recommendation by the Planning and Zoning
Commission.
June 11, 1992 XIV. Zoning-Related Applications Westlake Unified Development Code - Page 1
2 . Each Planned Development District approved under
the provisions of this section shall be considered
as an amendment to the Westlake Zoning Ordinance,
but applicable only to the property involved.
3 . In carrying out the development, the approved
Development Schedule shall be complied with and
such conditions as are specified for the
development of a PD shall be construed as
conditions precedent to the granting of a
Certificate of Occupancy (CO) and compliance as
required by the Town of Westlake.
4 . The granting of a Planned Development District on
a particular property may require the execution of
a Development Agreement with the Town.
B. PD Concept Plan Approval
1. Pre-application Conference
a. An applicant for a Planned Development
District is encouraged to request a pre-
application conference with a Town official
or the Town Planner prior to formal
application.
b. At the pre-application conference, the
applicant should present a draft concept plan
with as much detail as possible.
C. Based on the information presented, the Town
representative will provide initial comments
concerning the merits of the proposed
development and inform the applicant of any
additional requirements for preparation of
the formal PD application.
2 . PD Concept Plan Content
a. General. All plans must include date,
appropriate engineering scale, north arrow,
vicinity map, and the names , addresses and
telephone numbers of both the property owner
and the individuals preparing the plans.
b. Site Analysis. The site analysis shall be
prepared on a topography base map with not
less than five foot contour intervals, and
must describe existing natural features and
June 11, 1992 XIV. Zoning-Related Applications Westlake Unified Development Code - Page 2
physical improvements by including the
following items:
i. Location of 100-year flood plains,
water bodies, creeks, marshes, the
approximate centerline of water courses,
slopes in excess of 10%, rock
outcroppings, and any other significant
natural features.
ii. Location, identification, and
dimension of site boundaries and all
existing public and private easements.
iii. Location of major utility trunk
lines and future tie-ins.
iv. Identification of land uses and
historical landmarks on and adjacent to
the site.
V. Location of existing structures
within the site and the improvements to
be retained.
vi. Identification of key views
corridors both to and from the site.
vii. Location, species and diameter of
existing trees having a trunk diameter
three (3) inches or larger, and all
major tree groupings.
C. The PD Concept Plan
The PD Concept plan must be prepared on a
site topography base map with not less than
five foot contour intervals and must include:
i. A metes and bounds description of
the overall tract.
ii. The location of all land use areas
showing the gross acreage for each use,
maximum height, net residential
densities, floor area ratios and the
total floor area for each non-
residential use, and other special
standards, as appropriate.
June 11, 1992 XIV. Zoning-Related Applications Westlake Unified Development Code - Page 3
A categorical listing of the total
acreage for each land use, and the
density, height, floor area, setbacks
and other appropriate standards for each
proposed land use area.
iv. Conceptual urban design plan
including streetscape, buffers, parks
and open space facilities, lighting,
signage and other key features of the
plan.
V. Identification of all areas to be
dedicated to the township or to have
public easements, such as roadways, open
space and drainage areas.
vi. Location of all proposed screening
between the site and adjacent property
and between land uses within the site.
vii. Location of minimum building
setbacks along the site boundaries,
along streets, and between residential
and non-residential uses.
viii. Indication of each phase of
development if separate phases are
proposed.
ix. The location of collector roadways
proposed in the development, right-of-
way widths, and the location of
collector access points to abutting
streets and highways.
d. Preliminary service Plan
i. A preliminary drainage plan of the
area showing the size and location of
each existing and proposed drainage way
and retention or detention area.
ii. The proposed method of providing
water and sewer service.
June 11, 1992 XIV. Zoning-Related Applications Westlake Unified Development Code - Page 4
e. Other Material as May Be Submitted in Support
of Application
i. Draft Development Agreement and any
covenants, conditions, restrictions and
agreements which govern the
construction, use, maintenance and
operation of roadways, parks, open
space, drainage areas and facilities.
ii. A preliminary geo-technical report
that addresses soil , subsurface and
slope conditions that may affect
development.
iii. Traffic Study showing the project's
impact on roadway and intersection
capacity.
iv. A Development Schedule indicating
the appropriate date on which
construction is expected to begin and
the rate of anticipated development to
completion. The Development Schedule,
if adopted and approved by the Board,
shall become part of the development
plan and shall be adhered to by the
owner, developer, and his successors in
interest.
C. PD Site Plan Approval
1. General
a. No construction or development within the PD
District may commence, and no building permit
may be issued unless the Board of Aldermen
has approved a site plan upon recommendation
of the Planning and Zoning Commission, for
that phase of the project which is consistent
with the approved Concept Plan.
b. The Board may not approve a Site Plan that
is not consistent with an adopted Concept
Plan and PD Ordinance.
C. Upon approval of the PD Zoning District, the
applicant may submit a Site Plan Application
to the Township for each phase, in accordance
with the phasing schedule of the PD Concept
Plan.
June 11, 1992 XIV. Zoning-Related Applications Westlake Unified Development Code - Page 5
d. Applications for Site Plan approval in
Planned Development Districts shall conform
to Section 4 Required Site Plan.
2 . Development Standards
The following site development standards shall be
considered minimum standards for approval of the
PD Site Plan unless modified by the Board of
Aldermen consistent with the PD Concept Plan.
a. Setback, landscaping and off-street parking
and loading standards which are as
restrictive as those established for the
particular districts in which the use would
ordinarily be permitted;
b. Utility and transportation standards as
established in Article XIII Platting;
C. Drainage standards as established in Article
XI Drainage;
d. Performance standards for commercial and
industrial uses as set forth in Article VII
Performance Standards;
e. Landscape standards as established in Article
VIII Landscape Standards and Article IX Tree
Preservation Standards; and
f. Signage and graphics standards as established
in Article XII Sign Standards.
SECTION 3 . - REQUIRED CONCEPTUAL PLAN
A. Whenever a Conceptual Plan is required as a condition of
zoning approval, the Conceptual Plan shall comply with
Section 2 .B. of this Article, except that Section
2 .B. (2) c. be revised to require that the Plan be
prepared on a site topography base map with not less
than five foot contour intervals and include:
1. A metes and bounds description of the overall
tract.
2 . Conceptual representation of proposed use(s) and
generalized representation of proposed
improvements.
July 9, 1992 XIV. Zoning-Related Applications Westlake Unified Development Code - Page 6
3 . Identification of all areas to be dedicated to the
township or to have public easements, such as
roadways, open space and drainage areas.
4 . Location of all proposed screening between the
site and adjacent property.
5. Indication of each phase of development if
separate phases are proposed.
6. The location of collector roadways proposed in the
development, right-of-way widths, and the location
of collector access points to abutting streets and
highways.
B. Other Material Which May Be Submitted in Support of the
Application
1. Draft Development Agreement and any covenants,
conditions, restrictions and agreements which
govern the construction, use, maintenance and
operation of roadways, parks, open space, drainage
areas and facilities.
2 . A preliminary geo-technical report that addresses
soil, subsurface and slope conditions that may
affect development.
3 . Traffic Study showing the project's impact on
roadway and intersection capacity.
4 . A Development Schedule indicating the appropriate
date on which construction is expected to begin
and the rate of anticipated development to
completion. The Development Schedule, if adopted
and approved by the Board, shall become part of
the development plan and shall be adhered to by
the owner, developer, and his successors in
interest.
SECTION 4 . - REQUIRED SITE PLAN
A. General
1. No construction or development within a district
that requires a Site Plan may commence, and no
building permit may be issued unless the Board of
Aldermen has approved a site plan upon
recommendation of the Planning and Zoning
Commission.
July 9, 1992 XIV. Zoning-Related Applications Westlake Unified Development Code - Page 7
2 . Where a Concept Plan has been approved as part of
the Zoning, all Site Plans must be in substantial
conformity with that approved Concept Plan.
3 . No public notification is required for
consideration of a Site Plan, or amendment, beyond
posting as an agenda item for the Planning and
Zoning Commission and Board of Aldermen.
B. Site Plan Content
1. Required Site Plans shall be prepared on a
standard sheet size of 30" x 42" or 24" x 3611 , and
at an engineering scale of 1"=50' or larger.
Required Site Plans shall be prepared by
registered engineer, architect or landscape
architect. The required Site Plan may be
submitted on one or more sheets.
2 . General Information required:
a. North Arrow;
b. Total site acreage;
C. Submission date;
d. Scale (written and graphic) ;
e. Vicinity map;
f. Names, addresses and telephone numbers of
designer, engineer, developer and owner;
g. Accurate survey of the boundaries of the site
with the location of proposed land uses;
h. Adjacent subdivision names and property
lines; and
i. Adjacent land uses and structures.
3 . Structures:
a. Location, dimensions and use of all existing
facilities and proposed building sites;
b. Setback and separation distances between
building sites;
C. Proposed construction type and facade
materials for all non-residential buildings
(the Commission may require elevations and
perspective drawings) ;
d. Proposed density of each use;
e. Proposed location of screening along the
collector roadways shown on the Thoroughfare
Plan.
July 9, 1992 XIV. Zoning-Related Applications Westlake Unified Development Code - Page 8
4 . Streets and Sidewalks:
a. Location and width of all rights-of-way and
easements;
b. Location and dimensions of all pavement and
curbing;
C. Location and width of all sidewalks;
d. Location and width of all ingress/egress
points;
e. Location and width of all medians and median
breaks; and
f. Location of any special traffic regulation
facilities.
5. Off-Street Parking and loading areas:
a. Number, location and dimension of spaces;
b. Type of surface material of parking facility;
C. Dimension of aisles, driveways, maneuvering
areas and curb return radii;
d. Distance between spaces and adjacent rights-
of-way;
e. Location of all existing and proposed fire
lanes and hydrants; and
f. Proposed lighting diagram is required if not
in accordance with Article VI Parking and
Loading Standards.
6 . Landscaping:
a. Location and size of major tree groupings and
existing hardwood trees greater than 8"
caliper, noting whether they are to be
removed or retained;
b. Location and size of proposed plant
materials, including paving;
C. Number and type of each landscape element;
d. Height and type of all fencing or buffering;
e. Height of all planters, sculptures and
decorative screens;
f. Location and type of trash receptacle
screening;
g. Location and type of lighting for streets,
signage and parking areas; and
h. Location of visibility triangles where
required.
7 . Geo-technical:
a. Geo-technical report on soils, subsurface and
drainage that demonstrates conformity with
July 9, 1992 XIV. Zoning-Related Applications Westlake Unified Development Code - Page 9
ARTICLE XV. - ENFORCEMENT
SECTION 1. - COMPLIANCE REQUIRED
No person shall use, occupy, or develop any land, building or
other structures, or authorize or permit such use, occupancy
or development, except in accordance with all applicable
provisions of this Unified Development Code.
The owner of any building, structure, or land, or part
thereof, and any architect, builder, contractor, agent or any
other person employed in connection therewith, who violates,
or assists in or contributes to the commission of a violation
of this Code, shall be deemed guilty of such violation and
shall become liable for the penalties herein established.
SECTION 2 . - NOTICE OF INTENT TO SUSPEND OR REVOKE
Before suspension or revocation of any permit or authorization
pursuant to this Article, the Chief Building Official or Town
Planner, or designee (s) , may give notice of the intent to
suspend or revoke said permit or authorization, which notice
may specify a reasonable time for compliance with this Code.
If notice of intent is given, suspension or revocation may not
occur before the time for compliance has expired.
SECTION 3 . - SUSPENSION OR REVOCATION OF PERMIT
When the Town determines that a permit has been issued in
error or on the basis of incorrect information, or that there
has been non-compliance with the provisions of the Code, the
Chief Building Official or Town Planner may suspend the permit
or license pending compliance with this Code. The Chief
Building Official or Town Planner or designee(s) may revoke a
permit if compliance is not achieved within a reasonable
period of time.
Notice of suspension or revocation of a building permit, or
certificate of occupancy shall be sent to the permit holder by
certified mail, return receipt requested.
A permit or certificate of occupancy may be immediately
revoked by the Chief Building Official or the Town Planner or
designee(s) when and if additional non-compliance with this
Code occurs after the permit has been suspended.
June 11, 1992 XV. Enforcement Westlake Unified Development Code - Page 1
SECTION 4 . - SUSPENSION OR REVOCATION OF PERMITS CONDITIONED BY A
VARIANCE OR SPECIAL EXCEPTION
When it is determined that there is a failure to comply with
any term, condition or requirement of a variance or special
exception, the Chief Building Official or designee may suspend
any permits pending compliance with the terms, conditions or
requirements under which the variance or special exception was
approved.
Notice of suspension or revocation of a permit shall be sent
by certified mail, return receipt requested.
The Board of Aldermen shall hold a public hearing no later
than forty-five (45) days after notification of the suspension
or revocation. If the Board determines that there is a
failure to comply with any term, condition or requirement of
the variance or special exception, it may revoke the variance
or special exception or take such action as it considers
necessary to ensure compliance.
SECTION 5. - SUSPENSION AND REVOCATION OF SITE PLAN, SPECIFIC
USE PERMIT OR SUBDIVISION CONSTRUCTION/ENGINEERING
PLAN
When the Town determines that a subdivision construction plan
has been approved in error or on the basis of incorrect
information, or that there has been a failure to comply with
the provision of this Unified Development Code, the Chief
Building Official or Town Planner or designee(s) may suspend
the approval of the subdivision construction/engineering plan
until there is compliance with this Code. The Chief Building
Official or Town Planner or designee(s) may revoke the
approval of the subdivision construction/engineering plan if
compliance is not achieved within a reasonable time.
Notice of suspension or revocation of the approval of a
subdivision construction plan shall be sent by certified mail,
return receipt requested.
A site plan or specific use permit may be revoked by the Board
of Aldermen upon public hearing if violations of conditions
are determined to exist. In addition, a special use permit
shall terminate in accordance with Article V. 5. C. of this
Code.
July 9, 1992 XV. Enforcement Westlake Unified Development Code - Page 2
SECTION 6 . - SUSPENSION AND REVOCATION OF CERTIFICATE OF
OCCUPANCY
When the Chief Building Official or designee determines that
a certificate of occupancy has been issued in error or on the
basis of incorrect information or that the building or
structure is in violation of any ordinance or regulation, the
Chief Building Official or designee may suspend the
Certificate of Occupancy until there is compliance with all
ordinances and regulations. The Chief Building Official or
designee may revoke a Certificate of Occupancy if compliance
is not achieved within a reasonable time.
Notice of suspension or revocation of a certificate of
occupancy shall be mailed by certified mail, return receipt
requested.
A Certificate of Occupancy may be immediately revoked by the
Chief Building Official or designee where additional non-
compliance occurs after the certificate has been suspended.
The Board of Aldermen may hear appeals to the Chief Building
Official's decision to revoke the certificate of occupancy
when it is alleged that there was an error of law in his
order, requirement, decision or determination.
SECTION 7 . - CEASE AND DESIST ORDER
When the Town determines that there has been non-compliance
with any material, term, condition or requirements of this
Code, the Town may order any person having a proprietary
interest in the property or any person engaged in the
development or construction on the property to cease and
desist from engaging in any further development or
construction activities on the site. The Cease and Desist
Order shall be in writing and shall be posted on the site.
The order shall specifically state the nature of the non-
compliance and the acts prohibited.
The Town may bring suit in a court of competent jurisdiction
to restrain and enjoin any person attempting or allowing
development or construction without a permit or other
authorization or who fails to cease and desist from further
development or construction after notice of a Cease and Desist
Order has been posted in accordance with this Article.
When the Town determines that there has been non-compliance
with this Code which constitutes a health or safety hazard, a
Cease and Desist Order shall be issued and shall remain in
July 9, 1992 XV. Enforcement Westlake Unified Development Code - Page 3
effect until there has been compliance with this Code. This
Article shall not override the County Health Director or
designee's ability to suspend, or reinstate food or child care
permits in conformance with state and federal laws.
SECTION 8. - APPEAL OF CEASE AND DESIST ORDER, REVOCATION OR
SUSPENSION
Appeal of a Cease and Desist Order, suspension or revocation
may be made to the Board of Aldermen or the appropriate board,
by any person aggrieved, by giving written notice no later
than three (3) days after the Cease and Desist Order is
posted, or notice of the suspension or revocation is received.
The notice shall state:
A. The name and address of the person making the appeal ;
B. The facts surrounding of particular appeal;
C. The nature of the Cease and Desist Order, suspension or
revocation; and
D. The reasons why the ruling should be set aside.
The Board of Aldermen or appropriate board shall hear the
appeal at its next regularly scheduled meeting following
receipt of the notice of appeal provided that the appeal is
received at least three (3) working days prior to that
meeting. The Board of Aldermen or appropriate board shall
either affirm or reverse the decision appealed, no later than
seven (7) days after the close of the hearing.
An appeal brought under this section shall not stay the Cease
and Desist Order, suspension or revocation.
SECTION 9 . - CRIMINAL ENFORCEMENT
The violation of any of the provisions of this Code shall be
unlawful and shall constitute a misdemeanor. Each day that
the violation continues shall constitute a distinct and
separate violation offense.
Any criminal violation of this Code shall be fined in an
amount not to exceed $2 , 000. 00 per offense.
Nothing in this section shall limit in any manner the
authority of the Town to seek any injunctive or other civil
relief available under the laws of the State of Texas.
June 22, 1992 XV. Enforcement Westlake Unified Development Code - Page 4
SECTION 10 . - CIVIL REMEDIES
If any building, structure, or land is used, constructed,
maintained, repaired or altered, or any development is
undertaken in violation of this Code, including failure to
comply with the landscape requirements, the Town may institute
any appropriate action to prevent, restrain, correct or abate
the violation authorized by the State of Texas, including but
not limited to the following:
A. To impose a civil penalty, not to exceed $2 , 000 a day,
for the kinds of violations enumerated in Texas Local
Government Code 54 . 012 ;
B. To enjoin violations or threatened violations of Article
XIII "Platting" of this Code relating to the subdivision
of land.
C. To recover damages from the owner of a tract of land in
violation of Article XIII "Platting" of this Code in an
amount adequate for the Town to undertake any
construction or other activity to bring about compliance
with such regulation.
The imposition of any penalty shall not preclude the Town from
instituting any other appropriate action to require compliance
with this Code and with administrative orders and
determinations made pursuant to this Code.
June 22, 1992 XV. Enforcement Westlake Unified Development Code - Page 5
ARTICLE XVI. - DEFINITIONS
SECTION 1. - INTENT
The definitions in this Article are those that apply
throughout the Code. Generally, words used in the present
tense include the future, words in the singular number include
the plural , words in the plural include the singular, the word
"building" includes the word "structure" , the word "lot" also
means "plot" or "tract" , the word "shall" is mandatory and not
directory. Definitions specifically relating to signs are
located in Section XIII. 3 . Sign Definitions.
SECTION 2 . - DEFINITIONS
"ACCESSORY BUILDING" . A permanent or portable structure on
the same lot with, and of a nature incidental and subordinate
to, the use of the principal structure.
"ACCESSORY USE" . A use which is clearly incidental to the use
of the principal building or main use of the property.
"ALLEY" . A public way less in size than a street which
affords only a secondary means of access to abutting property,
and not intended for general travel .
"BASEMENT" . That portion of a building, the floor of which is
wholly or partly below the adjoining grade.
"BOARD" . The Board of Aldermen of the Town of Westlake,
Texas.
"BUILD" . To erect, convert, enlarge, reconstruct, restore or
alter a building or structure.
"BUILDABLE AREA" . The portion of a lot remaining after
required yards and setbacks have been provided.
"BUILDING" . A structure having a roof supported by columns or
walls for the housing or enclosure of persons, animals or
chattels.
"BUILDING, DETACHED" . A building surrounded by yards or open
space on its own building lot, or buildings in a building
group that are physically detached one from the other.
"BUILDING, HEIGHT OF" . The vertical distance from grade to
the highest point of the coping of a flat roof, or to the deck
June 22, 1992 XVI. Definitions Westlake Unified Development Code - Page 1
line of a mansard roof, or to the top of the highest gable of
pitched or hip roof.
"BUILDING LINE" . A line established, in general , parallel to
the front curb line or edge of pavement, between which and the
front curb line or edge of pavement no part of a building
shall project, except as otherwise provided in this ordinance.
"BUILDING PERMIT" . An official document or certificate issued
by the Town of Westlake authorizing erection, construction,
renovation, maintenance, or any other special activity on any
building or structure, or on any installations or facilities
therein. The term "building permit" shall include but not be
limited to building permits, electrical permits, mechanic
permits and plumbing permits.
"BUILDING, PRINCIPAL" . A non-accessory building in which a
principal use of the lot on which it is located is conducted.
All residential uses, except bona fide servants' quarters,
shall be deemed principal uses.
"CHIEF BUILDING OFFICIAL" shall mean the Town Engineer or his
designee who is the administrative official responsible for
issuing permits and enforcing the building codes of the Town.
"CITY" . The Town of Westlake.
"COMMERCIAL" . Commercial uses or districts are defined as
including either office or retail uses, or both.
"COMMISSION" . The Planning and Zoning Commission of the Town
of Westlake.
"CONDITIONAL USE" . A use of land which may be permitted
provided that the Board determines that it is in the interest
of the public health, safety and general welfare.
"COURT" . An open, unoccupied space bounded on more than one
side by the walls of a building or buildings and used as a
primary means of access to all or any part of said buildings.
"CUSTOMARILY INCIDENTAL USE" . A use of a building or
premises, not involving the conduct of a business, which use
is only secondary to the principal use and is indispensably
necessary to the enjoyment of the premises for any of the
principal uses permitted within a zoning district.
"DEVELOPMENT OR TO DEVELOP" . Any man-made change in improved
and unimproved real estate, including but not limited to
buildings or other structures, mining, dredging, filling,
grading, paving, excavation, or drilling operations.
June 23, 1992 XVI. Definitions Westlake Unified Development Code - Page 2
"DISTRICT" . A Zoning District; a section of the Town for
which the regulations governing the area, height, and use of
buildings and land are uniform.
"DWELLING" . A building or portion thereof which is arranged,
occupied or intended for residential use, including facilities
for food preparation, sleeping, and bathroom(s) , occupied by
not more than one family.
"DWELLING, ATTACHED" . A dwelling which is joined to another
dwelling at one or more sides by a partial wall or walls.
"DWELLING, DETACHED" . A dwelling which is entirely surrounded
by open space on its building lot.
"DWELLING, MULTIPLE" . A building used or designed as a
residence for three or more families or households living
independently of each other.
"DWELLING, TWO FAMILY" . A detached building having separate
accommodations for and occupied as, or to be occupied as, a
dwelling for only two families.
"EDUCATIONAL INSTITUTION" . Elementary, junior high, high
schools, junior colleges, colleges or universities or other
schools giving general academic instruction in the several
branches of learning and study required by the State of Texas.
"FACADE" . The front facing wall of a building and shall
include any special architectural features. The term facade
shall not include any lateral extension of the front building
wall to create a larger facing area, and it shall not include
any roofing area designed to weatherize the interior of the
structure.
"FAMILY" . An individual or two or more persons related by
blood, marriage or adoption; or a group of not more than five
persons, excluding servants, who need not be related by blood
or marriage, living in a dwelling unit.
"FAR" . Floor Area Ratio.
"FENCE" . A masonry wall or a barrier composed of posts
connected by boards, rails, panels or wire for the purpose of
enclosing space or separating parcels of land. The term
"Fence" does not include retaining walls.
"FLOOD" . A general and temporary condition of partial or
complete inundation, by water or mud, of lands not normally
inundated and that are used or usable by man.
June 22, 1992 XVI. Definitions Westlake Unified Development Code - Page 3
"FLOOD, FIFTY-YEAR" . A flood having an average frequency of
occurrence of once in fifty (50) years although such flood may
occur in any year. A fifty-year flood is determined by
statistical analysis of stream flow records, and rainfall and
run-off characteristics in the watershed.
"FLOOD, INTERMEDIATE REGIONAL" . A flood having an average
frequency of occurrence of once every one hundred (100) years
although such flood may occur in any year. An intermediate
regional flood is determined by statistical analysis of stream
flow records, and rainfall and run-off characteristics in the
watershed.
"FLOODPLAIN" . Land which has a history of flood or is subject
to recurrent flooding as determined by the U.S . Army Corps of
Engineers or the Town of Westlake.
"FLOOR AREA" . The sum total of the area of all floors of all
buildings on the unified development site measured between the
outer perimeter walls of the buildings, provided that space in
a building or structure used for parking of motor vehicles
shall not be computed in the floor area. Courts or balconies
open to the sky and roofs which are utilized for recreation,
etc. shall not be counted in the floor area but shall be part
of the recreation space.
"FLOOR AREA RATIO" . The ratio of the sum total floor area to
the net land area. The ratio is computed by dividing the
floor area by the land area and multiplying by one hundred
(100) to read as a percentage.
"FRONTAGE" . All the property abutting on one (1) side of a
street between two (2) intersecting streets, measured along
the street line.
"GARAGE, PRIVATE" . An accessory building, either attached or
detached, designed or used for storage of not more than three
motor vehicles or trailers in residential districts. Such
vehicles must be owned and used by occupants of the buildings
to which it is accessory.
"GRADE" . The average level of the finished surface of the
ground adjoining a building.
"GROSS FLOOR AREA" . When applied to a building, the area in
square feet measured by taking outside dimensions of the
building at each floor, excluding however, the floor area of
basements or attics when not occupied or used and any areas
within the building used for off-street parking.
June 22, 1992 XVI. Definitions Westlake Unified Development Code - Page 4
"HOME OCCUPATION" . Any occupation or activity which is
clearly incidental and secondary to the use of premises for
dwelling purposes, is carried on within the dwelling, and is
not detrimental or injurious to the economic or aesthetic
value of adjoining property.
"HOSPITAL" . An institution in which there are complete
facilities for diagnosis, treatment, surgery, laboratory, X-
ray, nursing, and the prolonged medical care of bed patients .
"HOTEL" . One (1) or more buildings containing individual
living or sleeping units specially designed as temporary
quarters for transient guests, including provisions for meals
and personal services. A hotel includes a motel.
"LANDOWNER" . The term "landowner" shall include any person
having the right of possession of real property. If that
person is a corporate entity, the term "landowner" includes
the executive officer of the corporation. The term "owner"
may be used interchangeably herein with the term "landowner"
when it refers to the right of possession of real property.
"LOT" . Land occupied or to be occupied by a building and its
accessory buildings and including such open spaces as are
required under this ordinance and having its principal
frontage upon a public street or officially approved place.
Lot includes the words "Plot" , "Parcel" , and "Premises" .
"LOT AREA" . That area of a horizontal plane bounded by the
front, side and rear lot lines of a building lot, including
any portion of an easement which may exist within such
property lines, exclusive of rights-of-way for street
purposes.
"LOT, CORNER" . A building lot situated at the intersection of
two streets, the interior angle of such intersection not
exceeding one hundred thirty five (135) degrees.
"LOT DEPTH" . The length of a line connecting the mid-point of
the front and rear lot lines.
"LOT, DOUBLE FRONTAGE" . A building lot not a corner lot which
adjoins two streets which are opposite each other and which
are parallel or within forty-five (45) degrees of being
parallel to each other. On a double frontage lot, both street
lines shall be deemed front lot lines, except as otherwise
provided herein.
"LOT, INTERIOR" . A building lot other than a corner lot.
"LOT LINE" . A boundary of a building lot.
June 22, 1992 XVI. Definitions Westlake Unified Development Code - Page 5
"LOT LINE, FRONT" . That boundary of a building lot which is
the line of an existing or dedicated street. The owner of a
corner lot may select either street as the front lot line.
"LOT LINE, SIDE" . That boundary of a building lot which is
not a front lot line and not a rear lot line.
"LOT LINE, REAR" . That boundary of a building lot which is
most distant from the front lot line and which is most nearly
parallel with the front lot line.
"LOT OF RECORD" . An area of land designated as a lot on a
plat of a subdivision recorded pursuant to statute with the
County Clerk of Tarrant County or Denton County, Texas.
"LOT, REVERSE CORNER" . A corner lot, the rear lot line of
which abuts the side lot line of the lot to its rear.
"LOT WIDTH" . The length of a line, drawn perpendicular to the
lot depth line at its point of intersection with the front
yard line, connecting the side lot lines.
"MAINTAIN" . To allow to continue or exist.
"MAINTENANCE" . The act of periodic repair.
"MASONRY CONSTRUCTION" . Masonry Construction includes
exterior walls constructed of brick, stone, cast stone,
concrete, glass block or other approved masonry materials and
shall be constructed in accordance with the Westlake Building
Code, but in no case shall brick be less than three inches in
thickness nor shall stone, concrete, concrete block or other
approved masonry be less than three and five-eighths inches in
thickness when applied as a veneer.
Non-Masonry shall mean an exterior material other than
masonry and shall be of a quality as herein specified or
its equivalent:
Textured Surface Plywood shall be manufactured
according to specialty sidings with special surface
treatment such as V-groove, channel groove, striated,
brushed, rough sawn, and shall comply with specifications
for 303 specialty siding, as published by the American
Plywood Association. The grade mark shall identify the
species group, the allowable stud spacing, and shall be
that of a recognized testing agency acceptable to the
Town of Westlake.
Other Plywood shall be a minimum of 3/8 inches thick
and shall be grade marked as exterior type and as medium
June 22, 1992 XVI. Definitions Westlake Unified Development Code - Page 6
density overlay siding as manufactured under U.S. Product
Standard PS-1-66. Grade mark shall identify the species
group and shall be that of a recognized testing agency
acceptable to the Town of Westlake.
Hardboard shall be a minimum of 3/8 inch thick and
shall be of a rack, impact, and a painting surface
quality equivalent to 3/8 inch masonite exterior siding,
back-sealed and face-primed on both sides. Hardboard
shall conform to commercial standard CS-251-63 for
hardboard, and shall be identified as to classification.
Other materials. The Town Engineer is authorized to
permit the use of materials other than those specifically
named above, when proven to him to be equivalent and
provided they comply with the Westlake Building Code.
Equivalency shall be based on the structural qualities of
the material , using testing procedures set forth in
American Society for Testing and Materials Standard
Methods of Conducting Strength Tests of Panels for
Building Construction, E-72 . At least three 8 'x8 'racking
specimens shall be tested. Average minimum load shall be
at least 5, 200 pounds. At a load of 1, 200 pounds, the
average total deflection shall be not more than 0. 211 , and
residual deflection not more than 0. 111 . At a load of
2 , 400 pounds, the average total deflection shall not be
more than 0. 611 , and residual deflection not more than
0. 311 . The average of three specimens subjected to impact
loads as prescribed in E-72 , shall sustain a drop height
of 20" or more.
Equivalency shall also be based upon surface finishing
and shall be as durable as 303 siding stained surfaces as
that of painted medium density overlay surfaces. All
finishes shall be applied as recommended by the
manufacturer. Plywood commonly known as AC plywood will
be prohibited for exterior use. Particle board will be
classified as plywood and will be required to meet the
equivalency tests for wood.
"MOTEL" . A building or group buildings designed, arranged or
used for temporary occupancy having accommodations for housing
or parking of automobiles in close proximity to the quarters
occupied by the owner of such automobile and providing for
five or more such quarters. The term "Motel" shall include
all establishments coming under the general classification of
"Drive-In Hotel" , "Tourist Court" , and any other such
establishment that houses visiting transient clientele.
,lune 22, 1992 XV1. Definitions Westlake Unified Development Code - Page 7
"NONCONFORMING USE" . Any use of land which was lawfully in
existence, and/or occupied at the time the regulation is
prescribed in the ordinance or an amendment thereto becomes
effective and does not then meet the requirements of said
regulations.
"OPEN SPACE, COMMON OPEN SPACE, PERMANENT OPEN SPACE" . Open
Space is that land area which is relatively free of man-made
structures, where water bodies, land forms, and vegetation
predominate; Common Open Space is that open space which is
owned, used, or operated and maintained for the common benefit
of the inhabitants of a development; Permanent Open Space is
that open space land which is legally restricted to park,
flood plain, or other open space usage; or which is publicly
owned and utilized as open space.
"OPEN SPACE PLAN" . The Town's Open Space Plan, as adopted by
the Board of Aldermen, and as amended from time to time.
"PARKING SPACE" . A surfaced area, enclosed or unenclosed
sufficient in size to store one automobile, with a surfaced
driveway connecting the parking space with the street or
alley, and permitting ingress and egress of an automobile.
"PLACE" . An open, unoccupied area, other than a street,
including a court, arcade, mall, or parking area that is
permanently reserved as the principal means of access to all
or any part of any buildings or structures situated on the
same lot.
"RECREATIONAL AREA" . An area devoted to . facilities and
equipment for recreational purposes, swimming pools, tennis
courts, playgrounds, community clubhouses, and other similar
uses.
"RIGHT-OF-WAY" . A publicly owned strip of land, 50 feet or
more in width between property lines, which provides or is
intended to provide public vehicular and/or pedestrian
traffic.
"SECONDARY USE" . A collateral use of land or buildings, which
is customarily done or performed in conjunction with a
permitted principal use, but not constituting a majority of
either the employment, area or revenues of the combined uses.
"SET-BACK" . The distances from structures to right-of-way
and/or lot lines.
"STORY" . That portion of a building between the surface of
any floor and the surface of the floor next above it, or if
June 22, 1992 XVI. Definitions Westlake Unified Development Code - Page 8
there is no floor above it, then the space between the floor
and the ceiling next above.
"STORY, HALF" . A story under a gable, hip or gambrel roof,
the wall plates of which are on at least two exterior walls
not more than two feet above the floor of such story.
"STREET" . Any public thoroughfare dedicated to the public use
and not designated as an alley or officially approved place.
"STRUCTURE" . Anything constructed or erected with a fixed
location on the ground, or attached to something having a
fixed location on the ground including, but not limited to,
buildings, walls, fences, swimming pools, radio towers, and
porches, but not including driveways, sidewalks, or other
facilities, the sole purpose of which is to provide customary
access to any structure.
"STRUCTURAL ALTERATIONS" . Any change in the supporting
members of a building, such as bearing walls or partitions,
columns, beams or girders, or any substantial changes in the
roofs or exterior walls.
"TOWN" . The Town of Westlake.
"TOWN ENGINEER" is the person appointed by the Board of
Aldermen to perform the functions of Chief Building Official
and/or engineer for the Town.
"TOWN PLANNER" is the person appointed by the Board of
Aldermen to be the chief planning officer of the Town. Where
the term is used in this Code, it will include the Town
Planner's designee.
"USE" . When applied to land or buildings, the purpose or
activity for which such land or building thereon is designed,
arranged or intended, or for which it is occupied or
maintained.
"VARIANCE" . An adjustment in the application of the specific
regulations of this title to a particular piece of property,
which property because of special circumstances uniquely
applicable to it is deprived of privileges commonly enjoyed by
other properties in the same vicinity and zone, and which
adjustment remedies disparity in privileges.
"YARD" . An open space, other than a court, on a lot
unoccupied and unobstructed from the ground upward unless
specifically otherwise permitted in this ordinance.
June 22, 1992 XVI. Definitions Westlake Unified Development Code - Page 9
"YARD FRONT" . A yard extending along the whole length of the
front lot line between the side lot lines and being the
minimum horizontal distance between the street right-of-way
line and main building or any projections thereof other than
steps and unenclosed porches.
"YARD REAR" . A yard extending across the rear of a lot
between the side lot lines and being the minimum horizontal
distance between the rear lot line and the rear of the
principal building or any projections thereof other than
steps, unenclosed balconies, or unenclosed porches.
"YARD SIDE" . A yard extending along the side lot from the
front yard to the rear yard, being the minimum horizontal
distance between any building or projections thereof and the
side lot line.
"ZONING DISTRICT MAP" . The "Zoning District Map" is the map
or maps incorporated into this ordinance as a part hereof by
reference thereto.
June 22, 1992 XVI. Definitions Westlake Unified Development Code - Page 10