[1]
Editor’s note–The zoning ordinance, Ordinance 18/038, adopted by the city on November 6, 2018, as amended, is included herein. Due to the nature of the zoning ordinance and the technicalities involved in adopting or amending it, such ordinance is printed herein as enacted, with only nonsubstantive formatting and style changes. Capitalization, punctuation and numbering of articles, sections and subsections have been retained as enacted. Amendments will be inserted in their proper place and denoted by a history note following the amended provisions. The absence of a history note indicates the material is unchanged from the original. Obviously misspelled words have been corrected without notation. Any other material added for purposes of clarification is enclosed in brackets.
This ordinance is known and may be cited and referred to as the “zoning ordinance” of the City of University Park, Texas.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)
This zoning ordinance is adopted under the authority granted and subject to any limitations imposed by the Constitution and laws of the State of Texas and the home rule charter of the city.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)
The provisions of this zoning ordinance become effective on November 6, 2018, except as otherwise expressly stated.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)
The zoning regulations and districts have been made with reasonable consideration for, among other things, the character of the district, and its peculiar suitability for the particular uses specified; and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city consistent with the comprehensive plan. The comprehensive plan has been used as a guide to develop the regulations of this zoning ordinance.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)
The provisions of this zoning ordinance apply to all buildings, structures, land and uses within the corporate limits of the City of University Park.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)
This zoning ordinance is adopted to advance the purposes defined in Sec. 211.004 of the Texas Local Government Code and to:
1.6.1 
Maintain and enhance a high quality of life for city residents;
1.6.2 
Protect the character of established neighborhoods;
1.6.3 
Maintain economically vibrant and visually attractive business, commercial and mixed-use areas;
1.6.4 
Promote a range of housing choices and options;
1.6.5 
Establish clear and efficient development review and approval procedures that are commensurate with potential land use impacts;
1.6.6 
Accommodate and promote innovation, creativity and flexibility; and
1.6.7 
Encourage development, in accordance with the preceding purposes.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)
1.7.1 
The provisions of this zoning ordinance are the minimum requirements deemed necessary to carry out the zoning ordinance’s stated purposes.
1.7.2 
In addition to the requirements of this zoning ordinance, all uses, buildings and structures must comply with all other applicable ordinances, laws and regulations.
1.7.3 
All references in the zoning ordinance to other governmental regulations are for informational purposes only and do not constitute a complete list of such regulations. These references do not imply any responsibility for the city to enforce regulations imposed by other government authorities.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)
1.8.1 
Land may not be used for any purpose other than one that is allowed by the provisions of this zoning ordinance.
1.8.2 
A building or structure may not be erected, located, moved, reconstructed, extended or structurally altered except as allowed by this zoning ordinance.
1.8.3 
Buildings, structures and land may be used and occupied only in compliance with the provisions of this zoning ordinance.
1.8.4 
All lots created or modified and all improvements and lot features must comply with all applicable provisions of this zoning ordinance.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)
1.9.1 
Legal Lot Required.
Permits for the construction of a building upon any lot or parcel may be issued only after the community development director determines, based on evidence provided by the applicant, that at least one of the following criteria has been met:
A. 
The lot or parcel is part of a plat or replat of record that has been reviewed and approved by the planning and zoning commission and filed in the plat records of Dallas County;
B. 
The site, lot, or parcel is all or part of a site plan officially approved by the city council in a planned development district, and the approved site plan provides all utility and drainage easements, alleys, streets, and other public improvements necessary to meet the normal requirements for platting, including the designation of building areas and such easements, alleys, and streets have been properly dedicated and the necessary public improvements provided; or
C. 
The lot or parcel abuts a dedicated street and was separately owned as a lot of record before November 7th, 1977, in which case a building permit for only one main building may be issued on each such original separately owned parcel, provided that a lot or parcel to be occupied by a detached dwelling structure in a single-family or duplex district must have a minimum lot width of at least 40 feet.
1.9.2 
Plat Required.
A. 
Notwithstanding the provisions of Section 1.9.1, permits for construction of a structure may not be issued until such lot or parcel has been fully platted, either by original plat, replat, or amending plat as may be required or authorized by law.
B. 
If the survey description or the submitted drawing indicates an existing property line or multiple property lines through the building lot, the process for amending the plat to remove the old property lines must be initiated for all new homes, additions, pools and detached accessory structures (excluding arbors, outdoor fireplaces and outdoor kitchens). However, an amending plat may be required when an alley dedication is necessary. An amending plat allows two or more lots to be combined into one lot.
C. 
An individual single-family attached house must be located on its own lot. A survey or plat must be submitted with the building plans for attached houses showing that each house will be located on its own individual lot.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)
1.10.1 
State or Federal Regulations.
If the provisions of this zoning ordinance are inconsistent with state or federal law, the more restrictive provision governs, to the extent allowed by law. The more restrictive provision is the one that imposes more stringent controls.
1.10.2 
Other City Regulations.
If the provisions of this zoning ordinance are inconsistent with one another or if they conflict with provisions found in other adopted ordinances or regulations of the city, the more restrictive provision governs unless otherwise expressly stated. The more restrictive provision is the one that imposes more stringent controls.
1.10.3 
Private Agreements and Covenants.
This zoning ordinance does not interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this zoning ordinance impose a greater restriction than imposed by an agreement or covenant among private parties, the provisions of this zoning ordinance govern. The city is not responsible for monitoring or enforcing agreements or covenants among private parties.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)
1.11.1 
Meanings and Intent.
Words and terms expressly defined in this zoning ordinance including those defined in Article 11 have the specific meanings assigned unless the context indicates another meaning. Words and terms that are not expressly defined in this zoning ordinance have the meaning given in Merriam-Webster’s Collegiate Dictionary.
1.11.2 
Computation of Time.
A. 
References to “days” are to calendar days unless otherwise expressly stated. References to “business days” are references to regular city government working days, excluding Saturdays, Sundays and holidays observed by city government.
B. 
The time in which an act is to be completed is computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday or holiday observed by city government, that day is excluded and the “last day” is the next business day.
C. 
A day concludes at the close of business and any materials received after that time will be considered to have been received the following business day.
1.11.3 
Tenses and Usage.
A. 
Words used in the singular include the plural, and words in the plural include the singular.
B. 
Words used in the present tense include the future tense. The reverse is also true.
C. 
The words “must,” “will,” “shall” and “may not” are mandatory.
D. 
The word “may” is permissive, not mandatory or required.
E. 
When used with numbers, “up to x,” “not more than x” and “a maximum of x” all include “x.”
F. 
The word “person” includes a firm, association, organization, partnership, limited liability company, trust, or corporation, as well as an individual.
G. 
The words “used” and “occupied” include “intended, designed or arranged to be used or occupied.”
1.11.4 
Conjunctions.
A. 
Unless the context otherwise expressly indicates, conjunctions have the following meanings:
B. 
“And” indicates that all connected items or provisions apply; and
C. 
“Or” indicates that the connected items or provisions may apply singularly or in combination.
1.11.5 
Headings and Illustrations.
Headings and illustrations are provided for convenience and reference only and do not define or limit the scope of any provision of this zoning ordinance. In case of any difference of meaning or implication between the text of this zoning ordinance and any heading, drawing, table, figure or illustration, the text governs.
1.11.6 
Versions and Citations.
All references in this zoning ordinance to other city, state or federal regulations are to be construed as referring to the most up-to-date version and citation for those regulations, unless otherwise expressly indicated. When the referenced regulations have been repealed and not replaced by other regulations, zoning ordinance requirements for compliance are no longer in effect.
1.11.7 
Lists and Examples.
Unless otherwise expressly indicated, lists of items or examples that use “including,” “such as,” or similar terms are intended to provide examples only. They are not to be construed as exhaustive lists of all possibilities.
1.11.8 
Delegation of Authority.
Whenever a provision appears requiring the head of a department or another officer or employee of the city to perform an act or duty, that provision will be construed as authorizing the department head or officer to delegate that responsibility to others over whom he or she has authority. Delegation of authority is not allowed when the provisions of this zoning ordinance expressly prohibit such delegation.
1.11.9 
Public Officials and Agencies.
Unless otherwise expressly stated, all employees, public officials, bodies and agencies to which references are made in this ordinance are those of the City of University Park or individuals or agencies legally authorized to act on behalf of the City of University Park.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)
1.12.1 
Establishment.
The location and boundaries of the districts included in this zoning ordinance must be established by ordinance and shown on a geographic coverage layer that is maintained as part of a geographic information system (GIS). This “zoning” geographic coverage layer constitutes the city’s official zoning map.
1.12.2 
Maintenance and Updates.
The community development director is responsible for directing revisions to the official zoning map to reflect its amendment as soon as possible after the effective date of any zoning map amendments (rezonings) or other actions requiring notation on the zoning map.
1.12.3 
Amended Boundaries.
When a zoning map amendment is approved, amended boundary lines of districts must be described by legal description or by a map that accompanies the ordinance establishing the district or amending the district boundaries. When a legal description is used, the boundary is deemed to extend to the centerline of abutting streets. When a map is used, boundary lines must be established by dimensions, property lines, recorded lot lines, or the centerline of abutting streets, alleys, or railroad rights-of-way, as those features were of record at the time of adoption.
1.12.4 
Map Interpretations.
Where any uncertainty exists about a zoning boundary that was established by legal description, the legal description accompanying the amending ordinance governs. In other cases, the community development director is authorized to make an interpretation of the boundaries. The following rules apply to all zoning map interpretations:
A. 
Boundaries shown as approximately following the centerlines of streets, highways, alleys or other public rights-of-way must be construed to follow such centerlines.
B. 
Boundaries shown as approximately following platted lot lines must be construed as following such lot lines.
C. 
Boundaries shown as approximately following city limit lines must be construed as following those lines.
D. 
Boundaries shown as approximately following rail lines must be construed to be midway between the main tracks.
E. 
Boundaries shown as approximately following the shoreline or centerline of a river, stream, lake or other watercourse must be construed as following the actual shoreline or centerline of the watercourse. If, after establishment of the boundary, the shoreline or centerline of the watercourse moves as a result of natural processes (flooding, erosion, sedimentation, etc.), the boundary must be construed as moving with the shoreline or centerline of the watercourse.
F. 
Where physical features on the ground are at odds with information shown on the zoning map, or if questions arise about how or whether property is zoned and the question cannot be resolved by the application of paragraphs A through E of this subsection or the zoning of property is invalidated by a final judgment of a court of competent jurisdiction, the property remains zoned in accordance with the ordinance immediately preceding the invalidated one.
1.12.5 
Right-of-Way Vacations.
Whenever any street, alley or other public way is vacated by official action of the city council or whenever street or alley area is franchised for building purposes, the zoning boundary line adjoining each side of such street, alley or other public way is extended to the centerline of such vacated street, alley or way, and all area so involved will be subject to all regulations of the extended zoning district.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)
The provisions of this section address the transition to this zoning ordinance, from the zoning ordinance in effect immediately before the effective date specified in Section 1.3.
1.13.1 
Completion of Building.
Any building, development or structure for which a building permit was issued or a complete building permit application had been accepted for processing before the effective date specified in Section 1.3 may be completed in conformance with the issued building permit and other applicable permits and conditions, even if such building, development or structure does not comply with provisions of this zoning ordinance. If the building, development or structure is not commenced and completed within the time allowed under the original building permit and any authorized permit extension, the building, development or structure may be constructed, completed and occupied only if it complies with the regulations of this zoning ordinance.
1.13.2 
Pending Approvals.
Complete applications for variances, special exceptions, specific use permits, planned development districts and other zoning-related matters that are pending approval on the effective date specified in Section 1.3 must be reviewed wholly under the terms of the zoning ordinance in effect immediately preceding the effective date specified in Section 1.3.
1.13.3 
Issuance of Permits.
The community development director is authorized to issue permits for construction or development approved before the effective date specified in Section 1.3 and for approved developments that were pending approval before that effective date, subject to all applicable conditions of the approval. If construction of development is not commenced and completed within the time allowed under the permit and any authorized permit extension, then the building, development or structure may be constructed, completed and occupied only if it complies with the regulations of this zoning ordinance.
1.13.4 
Violations.
The adoption of this zoning ordinance does not affect any pending or future prosecution of, or action to abate, violations of the previous zoning ordinance that occurred before the effective date specified in Section 1.3.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)
The sections, paragraphs, sentences, clauses and phrases of this zoning ordinance are severable. If any phrase, clause, sentence, paragraph or section is declared unconstitutional or invalid by a court of competent jurisdiction that portion of the ordinance is to be deemed severed from the zoning ordinance and in no way affects or diminishes the validity of the remainder of the zoning ordinance.
(Ordinance 18/038 adopted 1/6/18; Ordinance 20-018 adopted 10/6/20)