Compare the requirements for Spanish Eclectic homes in CD2 to the CD2 Expansion
You’ll see that Spanish Eclectic homes are treated differently within the same CD. This is a violation of the Texas Zoning Enabling Act, Section 211.005(b) from the Local Government Code which says this –
“(b) Zoning regulations must be uniform for each class or kind of building in a district, but the regulations may vary from district to district.”
| CD2 | CD2 Expansion |
| Spanish Eclectic Style Requirements – A cross-gabled roof with a pitch equal to – A tile roof or greater than 45° – A chimney – A stucco, brick or stone wall surface – A maximum roof overhang of 1 foot 6 inches – Arches above doors and principle windows | Pages 18-21 of the Draft Ordinance h) Architectural Standards for Spanish Revival/Eclectic. The architectural standards for remodeling apply only to the front facade and wrap around. 1) Front Arches. A minimum of one opening on a street facing facade must have an arch. 2) Porches and Courtyards. A) Entry courtyard walls must be no lower than three feet and no higher than six feet in height measured from grade outside courtyard. B) Courtyard walls must not project into the required front yard. 3) Roof. A) Spanish Revival structures must have a cross-gabled, side-gabled, or combination hipped and gabled roof with a roof pitch less than 7/12 or match existing. Flat or low pitch (under 2/12 pitch) roofs are allowed if not visible from a street, for example, behind a parapet, a roof ridge, or the highest point of a main roof. B) The maximum roof eave overhang allowed is 18 inches. C) Only the following roofing materials are allowed: i) Terra cotta tile in Spanish, mission, or barrel style; or ii) Materials that look like Spanish, mission, or barrel style tile in: a) Metal b) Concrete c) Plastic composite d) Composition shingles in a color palette of original Spanish tile roofs with terra cotta hips, ridge caps, and rake tiles applied to mimic original tile roofs. See Exhibit B. iii.) Any flat or low pitch (under 2/12 pitch) roof not visible from a street because it is behind a pitched roof may use modified bitumen, TPO membrane, or EPDM membrane. D) Material colors must be compatible with original houses in the district. 4) Windows and Doors. A) Windows must be focal, casement, single-hung or double-hung. B) Fixed windows are only permitted for stained or leaded glass windows. C) Decorative iron window grilles are permitted. D) Windows and doors must be typical of the Spanish Revival style of the structure. See Exhibit B. 5) Architectural Features in general. Plans for new construction or a major modification or remodel of a structure must earn at least 70 points for a twostory structure, and 50 points for a one-story or one-and one-half story and comply with all mandatory requirements of this section. The points awarded for providing a feature, as well as the maximum number of points allowed in any category, are provided below. A) 20 points. i) Tower, partial turret, or bell tower ii) Spanish, barrel, or mission style terra cotta roofing iii) Entry courtyard with low walls (no lower than three feet and no higher than six feet in height measured from grade outside courtyard) iv) Arcaded front porch utilizing three or more arches B) 10 points. i) Cantilevered upper-level balcony with railing ii) Open air exterior staircase leading to second story iii) Large focal window or parabolic arch on front facade iv) Two or more stained or leaded glass windows on front facade v) Elaborate chimney tops with small tile roof within 15 feet of a street facade. vi) Two or more arched openings (includes porch openings, windows, and doors) on street facades C) 5 points. i) Brick or tile gable vents ii) Spiral cast stone columns iii) Multicolored tile roofing iv) Arched wood front door v) Wrought iron accents vi) Multicolor tile accents on front facade (excluding porch floor or porch stair riser) vii) Front projecting ell or wing viii) Balconette or Juliet balcony ix) Turned or carved wood posts on porch or balcony within wrap-around x) Cloth awnings with spiked wrought iron finials |
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