Possible Changes To Bellaire’s Zoning Code – March 3, 2025

Posted on February 14, 2025 by Jane McNeel

Below is an email from City Council Member Lewis regarding possible zoning changes. Community homes seem to be a possible addition to the term Family in the code. Please let City Council know what you think about the current zoning and proposed changes.

The public hearing before Bellaire City Council on upcoming zoning code changes will be Monday, March 3 at 6pm,City Hall 7008 S. Rice.   

The plan was to update our city codes with respect to the changes in the Comprehensive Plan that were approved last spring, but these changes cover a broader scope. Most of these are small tweaks but a few could be impactful or even have unintended consequences. Here are some key proposals:

Future of UVD (Urban Village Downtown)/Urban Garden on north side (UVT  (Urban Village Transit), now Bellaire Makers District)

So far only standards requiring 30ft minimum height and zero-lot-line setback (no setback to pull in and park in front of a building, or for green space) have been eliminated — these gave us HEB and forced O’Reilly’s to redesign sideways to the street. This is a good first step.  Those restrictions also shut down the Urban Garden up north that everyone loved as an concept for landscaping and garden sales, restaurants, and possibly entertainment on open green space.

This hearing is also open to your comments about maximum heights, setbacks for green space or parking, undesirable or desirable businesses, big garages, townhouses and multifamily standards, etc.

So far, nothing is proposed to help with a walkable area downtown.  Does 79 foot building height, like along 610, make for a walkable area?  Is 40ft a few feet from homes acceptable?  Or 73ft antennas and extensions next door? And requests for additional height are allowed.  Do we need medical offices in an area for restaurants, retail, and entertainment?

New zoning restrictions on yard signs

Currently it seems that the only restriction on yard signs is that they shouldn’t be in the right-of-way in front of your house (which I think should change).  This proposal imposes extensive new rules on them – now called “stake signs”  – including any little sign: schools, events, social/religious opinions, political signs.  No inflatables or balloons or birthday signs.

New limits on the number, placement, size, and duration (60days max) for displaying signs in your yards.

Yard signs should be 5ft inside your property line, which in your front yard is at the boundary with the city right-of-way (ROW).  Do you know where that is? If you haven’t had a recent survey with little flags, probably not.  Mine is estimated to be about 13ft from the curb.

The new code proposal gives staff blanket authority to remove yard signs that they deem not to comply, such as proper distance from the ROW. No notification required.

New definition of Family in zoning code

The proposal reads:

(67) Family. Any number of individuals living together as a single housekeeping unit in which no more than two (2) individuals are unrelated by blood, marriage or adoption.

  1. a)  One (1) or more persons who are related by blood, marriage, adoption or guardianship, including foster children, exchange students, and domestic employees, together with not more than two (2) additional persons not related by blood, marriage, or adoption to the previously identified individuals or group, living together as a single housekeeping unit; or
  2. b)  The persons living together in a Dwelling Unit that meet the definition, qualifications, and restrictions of a “community home”, as set forth in chapter 123 of the Texas Human Resources Code, as amended.

“Community homes” include group homes for mentally challenged or physically disabled individuals and assisted living/nursing homes, with up to 6 residents with disabilities and 2 supervisors at a time.  State law prevails without changing our definition.  Our code already has a definition of assisted living, which is multifamily and regulated by the state, but they want to eliminate that definition (even though our existing assisted living facilities exceed the 6 resident limit).  Adding group homes and domestic employees to the definition of family could impact standards for single-family districts.

New heights on fences and walls

Does a 12 ft wall (or higher if approved) bother anybody in homes next to a commercial area?  I don’t know.  Would it feel like a prison?  Or is it essential protection?

Schools, private clubs, and places of worship in residential districts

Why increase maximum lot coverage to 75% from 50% limit? These have large playing fields and playgrounds.  As it is, residents have expressed concern over added runoff flooding into yards from new ball fields on Ave. B.  How much extra space is needed for more parking?

Flags

Up to three flags allowed per property, requiring permanent flagpoles.  The proposal says, “Nonpermanent flags for special events may be allowed if identified as part of the special event application.”  What about Rotary club flags? Do they need to file applications? What about holidays? They’re not special events as defined in our code.

Please let friends and neighbors know that their participation is crucial to aligning council’s actions with their desires.

Written comments should be addressed to our City Clerk Tracy Dutton tdutton@bellairetx.gov.

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