Chapter 42 amendments redefine “urban”

Affect lot size, parking

Steve Hawley, Jun 11, 09.

Proposed amendments to Chapter 42 of the City of Houston Code of Ordinances would extend the “urban” designation from Loop 610 out to the Beltway, as well as affect minimum lot sizes, parking, and driveways.

Currently Chapter 42 defines “urban” as the area inside Loop 610 and everything else as suburban. (The Central Business District is a special case not included in either definition). These two terms are not used in the normal sense relating to their characteristics, but are meant to simply apply two different code forms to large geographic areas. Currently, for example, Uptown/Galleria is classified as “suburban” and Afton Oaks is “urban.” Chapter 42, which is a form-based development code from the 1980s, specifies various characteristics for development that are required in each zone. [This issue is discussed in a David Crossley Commentary from 2007]

The Swamplot blog describes the changes and includes a summary of the changes produced by the City.

Other changes in the ordinance could affect city homeowners, according to an email from the Greater Houston Preservation Alliance (GHPA). Within the urban zone, the amendments would reduce minimum lot size requirements, which, according to GHPA, “could provide serious challenges for residents of older neighborhoods.” The email states:

The proposed amendments would allow replatting to create single-family lots of less than 1400 square feet if the average lot size in the block face is at least 1400 square feet after the replat.

The amendments would also allow replatting to create lots as little as 15 feet wide if the average lot width in the block face is at least 18 feet after the replat. City code currently requires a minimum lot width of 20 feet outside Loop 610.

GHPA notes that the amendments would not override existing deed restrictions unless the restrictions are not in force or have expired. GHPA’s Historic Neighborhoods Council can advise property owners interested in establishing minimum lot size and setback protections. For more information, please contact Courtney Tardy at .(JavaScript must be enabled to view this email address).

The City of Houston Planning Commission is considering the ordinance Thursday, June 11 at 2:30 pm in the City Council Annex. The City Council Regulation, Development, and Neighborhood Protection Committee will consider the changes on Monday, June 22 at 3 pm in the City Council chambers, and the full City Council will hold a public hearing in July.

The Planning Commission and City Council will also consider the proposed transit corridor ordinance at the same hearings.

Proposed Chapter 42 amendments