Compare the requirements for French 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 |
| French Eclectic Style Requirements – Brick, stone or stucco wall cladding – A hipped roof with a pitch equal to greater than 45° and no more than 70° – A chimney – An eave overhang of no more than 2 feet | Pages 21-22 of the Draft Ordinance are allowed: (i) Architectural Standards for French Eclectic. The architectural standards for remodeling apply only to the front facade and wrap around. 1) Roof. A)French Eclectic structures must have a steeply pitched (between 10/12 and 20/12 pitch) hipped roof with a ridgeline that parallels the front of the house. 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 12 inches. C)Dominant front facing gables that are part of the main roof are prohibited. D) Front and street facing gabled roof forms are allowed on dormers, over one-story porches, entryways, or porticos, and must be subordinate to the main roof structure. E) Only the following roofing materials are allowed: wood shingles, material that looks like wood shingles, tile, slate, materials that look like slate, composition shingles. Material colors must be compatible with original houses in the district. 2) Windows and Doors. A)Windows must be casement, single-hung, or double-hung. B)Fixed windows are only allowed for transom and stained or leaded glass windows. C)Windows must have multiple lights. D)Windows and doors must be typical of the French Eclectic style of the structure. See Exhibit B. 3) Chimneys. One external chimney located within the front facade or wraparound. 4) 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) Wall dormers on front facade ii) Tower/turret or crenelated portico on front facade iii) Open terraces or balconies with stone or cast stone balustrades iv) Two symmetrical external brick chimneys (one on each side of the house) v) Tile, slate, or wood shingle roof B) 10 points i) Massive (minimum six feet wide) chimney on the front facade ii) Quoins at wall corners iii) Stone/cast stone accents iv) Leaded or stained glass window on the front facade v) Pedimented, crowned, or arched windows vi) Round or oval window on front facade C) 5 points i) Flared eaves ii) Symmetrically balanced fenestration iii) Dentils at cornice iv) Half-timbering v) Balconette or Juliet balcony vi) Decorative pediment over the main entry door vii) Solid wood door with speakeasy opening and strap hinges viii) Arched wood front door |
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