Texas Real Estate Sales Agent ExamLand Use Controls and RegulationsMedium
A homeowner wants to build a detached garage on their property. Upon consulting the local zoning ordinance, they discover that their property is zoned R-1 (Single-Family Residential), and the ordinance specifies a maximum impervious cover of 35% for such lots. The homeowner's existing house, driveway, and patio already account for 30% impervious cover. The proposed garage would add another 8%. What action must the homeowner take to proceed with their plans?
- AProceed with construction, as the garage is a permitted accessory structure.
- BRedesign the garage to reduce its footprint or reduce other impervious areas.
- CApply for a zoning amendment to change the R-1 designation.
- DSeek a variance from the zoning board of adjustment.
Show answer & explanationAnswer & explanation
Correct answer: B. Redesign the garage to reduce its footprint or reduce other impervious areas.
The homeowner's current impervious cover is 30%, and the proposed garage adds 8%, totaling 38%. This exceeds the maximum allowed 35%. They must either redesign the garage to be smaller or remove other impervious surfaces to comply with the zoning ordinance. A variance is typically for hardship, not simply exceeding a limit without exploring alternatives.
Why the other options are wrong
- A. Even if an accessory structure, it must still comply with zoning limits, specifically impervious cover here.
- C. A zoning amendment is a major change to the zoning map or text, not for an individual property issue like this.
- D. A variance is granted for undue hardship, not merely to exceed a limit when other options (like redesign) are available.
Impervious Cover
Any surface that prevents the absorption of water into the ground, such as buildings, concrete, asphalt, and compacted gravel.
- Zoning ordinances often limit the percentage of impervious cover allowed on a lot.
- High impervious cover can increase stormwater runoff and reduce groundwater recharge.
- Includes structures, driveways, patios, and sometimes even large decks.
Memory trick: Zoning rules are like a puzzle; fit your plans to the pieces or find new pieces.