CHAPTER 155: ZONING CODE

The Zoning Regulations and Districts as herein established have been made in accordance with a Comprehensive Plan for the purpose of promoting the health, safety, morals and the general welfare of the city. They have been designed to lessen the congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, for the character of the district and its peculiar suitability for particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of the land throughout the city.

(Ord. 1100 § 1, passed 4-3-64)

§ 155.002 DEFINITIONS.

For the purposes of this chapter, certain terms or words used herein shall be interpreted as follows. The present tense includes the future tense. The singular number includes the plural, and the plural number includes the singular.

ACCESSORY BUILDING.

(1) In a residential district, a subordinate building, attached to or detached from the main building, without separate utilities, not used for commercial purposes, and not rented, which may contain servants quarters, a washroom, a storage room for domestic storage only and space for one or more automobiles.

(2) In other districts, a subordinate building, the use of which is incidental to and used only in conjunction with the main building.

ACCESSORY USE. A use subordinate to the principal use of a building or lot and serving a purpose customarily incidental to the principal use.

AGENT OF OWNER. Any person who can show certified written proof that he is acting for the property owner.

ALLEY. A public or private way not more than 30 feet wide affording only secondary means of access to abutting property.

APARTMENT. A room or suite of rooms in an apartment house arranged, designed or occupied as a residence by a single family, individual or group of individuals.

APARTMENT HOUSE. Any multiple-family dwelling or building or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied as three or more apartments or which is occupied as the home or residence of three or more families living independently of each other and maintaining separate cooking facilities.

BASEMENT. A story whose floor is more than 12 inches, but not more than half of its story height below the average level of the adjoining ground (as distinguished from a “cellar” which is a story more than one-half below such level). A basement or cellar, when used as a dwelling, shall be counted as a story for purposes of height measurement.

BEGINNING OF CONSTRUCTION. The incorporation of labor and material within the foundation of the building or buildings.

BOARDING HOUSE. A building other than a hotel, where lodging and meals for five or more persons are served for compensation.

BUILDING. Any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate building.

BUILDING LINE. A line parallel or approximately parallel to a lot line or street line and beyond which buildings may not be erected.

BUILDING OFFICIAL. The building inspector or other official appointed by the City Manager to enforce the zoning ordinance.

BUILDING, MAIN. A building in which is conducted the principal use of the site on which it is located. In any residential district any and all dwellings shall be deemed to be main buildings on the site on which they are located.

CAMPER. A mobile living unit designed to be mounted upon and conveyed by another vehicle.

CERTIFICATE OF OCCUPANCY AND COMPLIANCE. A document issued by the Building Official authorizing buildings, structures or used consistent with the terms of this chapter and for the purpose of carrying out and enforcing its provisions.

CITY. The city of Freeport, in Brazoria County, Texas.

CLINIC, MEDICAL. An institution or station for the examination and treatment of ill and afflicted out patients.

COIN OPERATED MACHINE. A skill or pleasure machine or device, or an electronic, electromechanical, or mechanical contrivance, operated by the payment or insertion of coins, tokens, paper currency or any other consideration, that are designed, made or adapted solely for bona fide amusement purposes, and that by operation of chance or a combination of skill and chance afford or reward the user, in addition to any right of replay, an opportunity to receive exclusively non-cash merchandise prizes, toys, novelties, or a representation of value redeemable for those items, having a wholesale value available from a single play of the game or device of not more that ten times the amount charged to play the game or device once or $5, whichever is less.

COMMON AREA. An area held, designed and designated principally for the common use of the occupants of a townhouse project.

CONDOMINIUM. Has the meaning given to it in Tex. Property Code § 81.002 if the declaration for the condominium was filed prior to January 1, 1994, and the meaning given to it in Tex. Property Code § 82.003 if the declaration for the condominium was filed on or after January 1, 1994.

CONSTRUCTION SITE BUILDING. A commercial structure that is not open to the public and that is used for any purpose at a commercial site by a person constructing a building, road, bridge, utility or other infrastructure or improvement to real property.

CONVALESCENT HOME. Any structure used for or occupied by persons recovering from illness or suffering from the infirmities of old age.

COURT. An open, unoccupied and unobstructed space, other than a yard, on the same lot with a building or group of buildings.

COVERAGE OF A LOT or MAXIMUM ALLOWABLE BUILDING AREA. The ratio of gross floor area of the first floor of a building or of a group of buildings on the same lot to the area of the lot, expressed as a percentage.

DAY NURSERY. A place where children are left for care between the hours of 7:00 a.m. and 12:00 p.m. midnight.

DENSITY. The maximum number of family units permitted on a lot.

DETACHED STRUCTURE. Any building, accessory building or structure that is not physically attached to any other building or structure by any means.

DISTRICT or ZONING DISTRICT. A portion of the territory of the city within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.

DWELLING. Any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, trailer or mobile home.

DWELLING, CONVENTIONAL. A dwelling which is constructed on site so as to conform with all of the standard codes as adopted by the Code of Ordinances of the city. It includes a prefabricated home or structure as well as a structure so constructed on site at a different location and moved to a new location but does not include a manufactured home or travel trailer.

DWELLING, DUPLEX OR TWO-FAMILY. A building designed for or used exclusively for residence purposes by two families or two housekeeping units.

DWELLING, MULTI-FAMILY. A building or portion thereof designed for or used by three or more families or housekeeping units.

DWELLING, SINGLE FAMILY. A building designed for or used exclusively for residence purposes by one family or housekeeping unit.

DWELLING UNIT or UNIT. One room, or a suite of two or more rooms, designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette.

EXCLUDED MACHINE. Any of the following:

(1) A machine that awards the user non-cash merchandise prizes, toys, or novelties solely and direct from the machine, including clew, crane, or similar machines.

(2) A machine from which the opportunity to receive non-cash merchandise prizes, toys, or novelties, or a representation of value redeemable for those items, varies depending upon the user’s ability to throw, roll, flip, toss, hit or drop a ball or other physical object into the machine or a part thereof, including basketball, skee-ball, golf, bowling, pusher, or similar machines.

FAMILY. A person living alone or two or more persons living together as a single housekeeping unit in a dwelling unit, and in which not more than four individuals are unrelated by blood.

FLOOR AREA OF A BUILDING. The sum of the gross horizontal areas of the several floors of a building or buildings, measured from the center lines of exterior walls or from the center line of walls separating two buildings in square feet.

FREESTANDING SIGN. A sign supported solely by posts or structures other than a building.

GAME ROOM FOR COIN OPERATED MACHINE. Any building, or portion thereof, used primarily for the exhibition or displaying of coin operated machines other than exclusively for excluded machines. A building, or part thereof, has such primary use where (a) at least 51% of the total square footage of such building, or any part thereof, exclusive of rest rooms, storage rooms or other areas from which the public is usually excluded by the operator, is used for the exhibition or displaying of coin operated machines or (b) at least 51% the gross revenues derived from any use of such building is derived from the operation of eight-liners located therein.

GRADE, EXISTING. The average level of the original surface of the ground adjacent to the exterior walls of the building.

GREENBELT. An open space of landscaped or undeveloped land, usually surrounding a residential area and designated by easement covenant, deed restriction or zoning ordinance that prohibits development (construction of buildings or other elevated structures) in that area.

HOTEL. A building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals, in which as a rule the rooms are occupied for hire, and in which there are more than 12 sleeping rooms, a public room for the accommodation of more than 12 guests and a general kitchen.

HUD-CODE MANUFACTURED HOME. A structure, constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width and 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. The term does not include a travel trailer.

INSTALLATION. When used in reference to manufactured housing, the transporting of a HUD-code manufactured home or HUD-code manufactured home components to the place where they will be used by the consumer, the construction of the foundation system, whether temporary or permanent, and the placement and erection of a HUD-code manufactured home or HUD-code manufactured home components on the foundation system, and includes supporting, blocking, leveling, securing, anchoring, and proper connection of multiple or expandable sections or components, the installation of air condition, and minor adjustments.

JUNK. All worn-out and discarded material, in general, including but not limited to old iron, steel, brass, tin, lead, copper and other base metals; old cordage, ropes, rags, fibers and fabrics; old rubber; old bottles or other glass; bones; waste paper and other waste or discarded material whether or not such objects might be prepared to be used again in some form; junked vehicles as defined in § 94.01and Tex. Trans. Code § 683.071; and any or all or any pieces or parts of any of the foregoing.

JUNK YARD. A yard, lot or place, containing junk as herein defined and upon which occurs one or more acts of buying, keeping, storing, dismantling, processing, selling or offering for sale any such junk, in whole units or by parts, for a business or commercial purpose, whether or not the proceeds from such act or acts are to be used for charity, and including any business or premises used for the wrecking or disassembling of automobiles, trucks, tractors or machinery of any kind, or for the storage or leaving of junked vehicles as herein defined or any other worn out or abandoned stoves, refrigerators, air conditioners, heaters or machinery or appliances of any kind, or of any of the parts thereof.

LIQUOR STORE. Any retail establishment at which liquor, as defined in Chapter One of the Texas Alcoholic Beverage Code, is offered for sale for off premises consumption.

LOT. One piece, parcel or tract of land which collectively meets all of the following requirements at the time of filing for a Certificate of Occupancy and Compliance:

(1) Is located within a single block;

(2) Has frontage on an accepted and improved public street;

(3) Is occupied or utilized or designated by its owner, owners or developer to be occupied, developed or utilized as a unit for a principal use and uses accessory thereto, together with such open spaces as are required by this chapter; and

(4) Of which a plat has been recorded in the office of the County Clerk.

LOT. Includes the words plot or parcel.

LOT, AREA OF. The area of the lot shall be the net area of the lot and shall not include portions of streets and alleys.

LOT DEPTH. The mean horizontal distance between the front lot line and rear lot line of a zoning lot.

LOT LINE. A boundary of a lot.

LOT LINE, FRONT. The street right-of-way line at the front of a lot.

LOT LINE, REAR. The lot line opposite and most distant from the front.

LOT LINE, SIDE. A lot line which is not a front lot line or rear lot line. A side lot line separating a lot from a thoroughfare other than an alley is an exterior side lot line as opposed to an interior side lot line.

MANUFACTURED HOME. A mobile home or a HUD-code manufactured home.

MARINA. A dock or basin providing secure moorings for pleasure boats and often offering supplies, repair and other facilities.

MARINA RELATED BUSINESS. Any business which primarily provides goods and services to any customer of any marina located in the W-4 Marina Zoning District.

MAY. The act referred to is permissive.

MOBILE HOME. A structure that was constructed before June 15, 1976, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width and 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. The term does not include a travel trailer.

MOBILE HOME PARK. Any lot upon which are located one or more mobile homes, occupied for dwelling purposes, regardless of whether or not a charge is made for such accommodation.

MODULAR COMPONENT. A structural part of housing or building constructed at a location other than the building site in a manner that prevents the construction from being adequately inspected for code compliance at the building site without damage or removal and reconstruction of a part of the housing or building.

MODULAR OR INDUSTRIALIZED BUILDING. A commercial structure that is constructed in one or more modules or constructed using one or more modular components built at a location other than the commercial site and is designed to be used as a commercial building when the module or the modular component is transported to the commercial site and erected or installed; but excluding a commercial structure that exceeds three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof or a commercial building or structure that is installed in a manner other than on a permanent foundation and is either not open to the public or less than 1,500 square feet in total area and used other than as a school or a place of religious worship.

MODULAR OR INDUSTRIALIZED HOUSING. A residential structure that is designed for the occupancy of one or more families, constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent site and designed to be used as a permanent residential structure when the module or the modular component is transported to the permanent site and erected or installed on a permanent foundation system; but excluding a residential structure that exceeds three stories or 49 feet in height as measured from the finished grade elevation at the building entrance to the peak of the roof, housing constructed of a sectional or panelized system that does not use a modular component, or a ready-built home constructed in a manner in which the entire living area is contained in a single unit or section at a temporary location for the purpose of selling and moving the home to another location.

MOTEL. A building or group of buildings, including either separate units or a row or rows of units which (a) contain living or sleeping accommodations primarily for transient occupancy and (b) having individual entrances.

NEW HUD-CODE MANUFACTURED HOME. One which is newly manufactured and not a used HUD-code manufactured home.

NON-REGULATED NIGHT CLUB. A night club that sponsors or permits any on-site event or activity involving alcohol which is not regulated by the Texas Alcoholic Beverage Commission between the hours of 2:15 a.m. and 12:00 noon on Sunday and 2:15 a.m. and 7:00 a.m. on other days if such club has or is required by the code of the city to have any of the following:

(1) A sound amplification permit;

(2) A dance hall permit;

(3) A coin-operated machine on which a tax is required to be paid; or

(4) If such club charges a door charge, an entry fee or other valuable consideration for entry onto or to remain upon the premises.

NURSING HOME. Any premises where more than three persons are lodged and furnished with meals and nursing care.

OFF-PREMISES SIGN. A sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service, or product not principally located or primarily manufactured or sold on the premises on which such sign is located.

ON-PREMISES SIGN. A sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service, or product principally located or primarily manufactured or sold on the premises on which such sign is located.

OPEN SPACE. Any open piece of land that is undeveloped (has no buildings or other built structures) and is accessible to the public. OPEN SPACE can include: greenspace (land that is partly or completely covered with grass, trees, shrubs or other vegetation).

OUTSIDE SALES. The offering of goods or services for sale on any premises outside of the main building or an accessory building thereto which, in either case, is a building which conforms to the requirements of this chapter and any building or other codes of the city.

PARKING FACILITY. Private property adjacent to and usable for vehicular parking by the customers of any business the entrance to which fronts on such parking facility.

PARKING FACILITY OWNER. The owner of a parking facility as well as a lessee of such owner if such lessee is operating a business the entrance to which fronts on a parking facility.

PERMANENT FOUNDATION. A foundation having the following characteristics:

(1) The foundation and all related construction complies with the requirements of the mandatory building code adopted under the Texas Industrial Building and Housing Program;

(2) The foundation system is capable of transmitting all design loads imposed by or upon the foundation and the attached structure into soil or bedrock without failure;

(3) The structure is attached without the towing hitch, axles, brakes, wheels and other parts of the chassis that only operate during transportation;

(4) Ventilation and decay details are provided in accordance with the requirements of such code.

PERSON. Includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.

PLANNED UNIT DEVELOPMENT (PUD). A Planned Unit Development is a development of land which is under unified control and is planned and developed as a whole in a single development operation or programmed series of development, and which includes street, utilities, lots or building sites and which indicates all structures and their relationship to each other and to adjacent uses and improvements, as well as open spaces. A Planned Unit Development may consist of dwelling units and detached, semi-detached, attached or multi-family structures and may also include those non-residential uses which are more specifically set out in § 155.045, and which are compatibly and harmoniously incorporated into the unitary design of the Planned Unit Development.

PRIVATE YARD. An area of open space within a townhouse but which is unoccupied and unobstructed by any portion of a structure.

RECREATIONAL VEHICLE. A vehicular type unit primarily designed as temporary living quarters for recreational camping or travel use that either has its own motive power or is mounted on or towed by another vehicle and requiring no special permit by the Texas Department of Highways and Public Transportation. The basic entities are travel trailers, camping trailers, truck campers and motor homes. A recreational vehicle is not a mobile home as defined above for purposes of this chapter.

RECREATIONAL VEHICLE PARK. A unified development of 40 or more recreational vehicle spaces arranged on a tract of land which has been zoned for such purposes; or, by specific use permit, in any other zoning district except the R-1, R-2, R-3, W-1 or W-1R zoning districts.

SERVANTS QUARTERS, BONA FIDE. Living quarters located on the same lot as the main building for the family of a servant employed on the premises who receives at least 50 percent of his total income from the occupant of the main building.

SERVICE BUILDING. A structure housing toilet, lavatory and such other permanent facilities as may be permitted by the International Plumbing Code adopted by § 150.045.

SETBACK LINE. That line which is parallel to and the minimum allowable horizontal distance from a given point or line of reference, such as a lot line, to the minimum required building line.

SEXUALLY ORIENTED BUSINESS. An adult bookstore, adult theater, adult video store or other sexually oriented business as those terms are defined in Chapter 243 of the Tex. Local Government code, and the decisions of the appellate courts having jurisdiction over the territory in which the city is located, and in Chapter 123 of this code. A commercial establishment may have other business purposes that are not a sexually oriented business or related to a sexually oriented business. Such other business purposes will not serve to exempt such commercial establishments from being categorized as a SEXUALLY ORIENTED BUSINESS so long as one of its business purposes is a sexually oriented business.

SHALL. The act referred to is mandatory.

SIGN. Any outdoor display, design, pictorial or other representation that is so constructed, placed, attached, painted, erected, fastened or manufactured in any manner so that the same shall be used for advertising or the visual dissemination of any information, symbol or picture in any manner whatsoever. The term SIGN shall include the sign structure.

SIGN, AREA OF. The total exterior surface computed in square feet of a sign having but one exposed exterior surface; the aggregate exposed exterior surface computed in square feet of a sign having more than one such surface.

SPACE. A plot of ground within a mobile home park or a recreational vehicle park designated for the accommodation of one mobile home or one recreational vehicle, respectively, together with such open space as is required by § 155.035.

STORY. That portion of a building included between the surface of any floor and the ceiling next above it.

STREET. Any thoroughfare other than an alley.

STREET LINE. A dividing line between a street and an abutting lot, tract or parcel of land.

STRUCTURAL ALTERATIONS. Any change in the structural members of a building, such as walls, columns, beams or girders.

STRUCTURE. Anything constructed, the use of which required permanent location on the ground or attachment to something having a permanent location on the ground.

TOWNHOUSE. A single family dwelling unit structure separated by a non-load bearing masonry wall having a minimum of a four hour fire rating which extends a minimum of 18 inches above the highest peak of the roofs which fire wall abuts a single family dwelling unit townhouse.

TOWNHOUSE GROUP. Four to ten contiguous townhouses connected by common fire walls required under the definitions of TOWNHOUSE.

TOWNHOUSE PROJECT. A townhouse development or plan which is submitted and approved by a single special permit.

TRAVEL TRAILER. A vehicular type unit primarily designed as temporary living quarters for recreational camping or travel use that either has its own motive power or is mounted on or towed by another vehicle. The basic entities are recreational vehicles, camping trailers, truck campers and motor homes but it does not include a manufactured home as herein defined.

UNIT or DWELLING UNIT. One room, or a suite of two or more rooms, designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette.

USED or OCCUPIED. Include the words intended, designed or arranged to be used or occupied.

USED HUD-CODE MANUFACTURED HOME. One which has been previously owned by a person or entity other than the manufacturer thereof or its authorized representative.

WELDING. The term WELDING includes and is included in the terms FABRICATION, ASSEMBLY and/or REPAIR when such terms are used in connection with metal products.

YARD. An open, unoccupied space other than a court, on the lot in which a building is situated and which is unobstructed from the ground to the sky.

YARD, FRONT. An open, unoccupied space on a lot facing a street and extending across the front of a lot between the side yard lines and being the minimum distance between the street line and the main building.

YARD, REQUIRED FRONT. An open space extending the full width of a lot between the front lot line and the front setback line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this chapter.

YARD, REAR. An open space unoccupied and unobstructed extending across the rear of a lot from one side lot line to the other side lot line and being the minimum horizontal distance between the rear lot line and the main building.

YARD, REQUIRED REAR. An open space extending the full width of the lot between the rear lot line and the rear setback line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this chapter.

YARD, SIDE. An open, unoccupied space on the same lot with a building situated between the building and side line of the lot and extending through from the front yard to the required rear yard. Any lot line not the rear line or a front line shall be deemed a side line.

YARD, REQUIRED SIDE. An open space extending from the minimum front yard setback line to the minimum rear yard setback line between the side yard setback line and the nearest side lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this chapter.

ZONING MAP, OFFICIAL. The zoning map or maps of the city attested together with all amendments subsequently adopted.

(Ord. 1100 § 2, passed 4-3-64; Am. Ord. 1100-L, passed 2-18-74; Am. Ord. 1100-CC, passed 10-16-78; Am. Ord. 1100-KK, passed 6-18-79; Am. Ord. 1100-KKK, passed 11-15-82; Am. Ord. 1100-94-1, passed 4-4-93; Am. Ord. 1845, passed 11-16-98; Am. Ord. 2004-2040, passed 3-15-04; Am. Ord. 2004-2041, passed 3-15-04; Am. Ord. 2004-2043, passed 5-3-04; Am. Ord. 2004-2071, passed 12-6-04; Am. Ord. 2005-2077, passed 3-21-05; Am. Ord. 2007-2157, passed 3-19-07; Am. Ord. 2007-2178, passed 10-15-07; Am. Ord. 2010-2244, passed 5-4-10; Am. Ord. 2012-2311, passed 6-18-12; Am. Ord. 2013-2056, passed 1-21-14; Am. Ord. 2015-2099, passed 11-2-15; Am. Ord. 2017-2136, passed 6-5-17)

ZONING DISTRICTS

§ 155.010 ESTABLISHMENT OF DISTRICTS; OFFICIAL ZONING MAP.

(A) The city is hereby divided into zones, or districts, as shown on the Official Zoning Map, which, together with all explanatory matter thereon, is adopted by reference and declared to be a part of this chapter.

(B) The official zoning map shall be identified by the signature of the Mayor attested by the City Secretary, and bearing the seal of the city under the following words:

“This is to certify that this is the Official Zoning Map referred to in Section 3 of Ordinance Number 1100 of the City of Freeport, Texas, adopted April 3, 1964.”

(C) If, in accordance with the provisions of this chapter, changes are made in district boundaries or other matters portrayed on the map promptly after the amendment has been approved by the City Council. The amending ordinance shall provide that such changes or amendments shall not become effective until they have been duly entered upon this official zoning map. The entry shall be signed by the Mayor and attested by the City Secretary.

(D) No changes of any nature shall be made in the official zoning map or matters shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this chapter and punishable as provided under § 155.999.

(E) Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map which shall be located in the office of the City Secretary shall be the final authority as the current zoning status of land and water areas, buildings and other structures in the city.

(F) In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the City Council may by resolution adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original Zoning Ordinance or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the Mayor attested by the City Secretary, and bearing the seal of the city under the following words:

“This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted ________________, as part of Ordinance No. 1100 of the City of Freeport, Texas.”

(Ord. 1100 § 3, passed 4-3-64)

§ 155.011 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES.

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following shall apply:

(A) Boundaries indicated as approximately following the center lines of streets, highways, or alleys; platted lot lines; city limits, railroad center lines; banks or centerlines of banks, streams, rivers, canals, lakes or other bodies of water; shall be construed to follow such lines.

(B) Boundaries indicated as parallel to or extensions of features indicated in division (A) above shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

(C) Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by divisions (A) and (B) above, the Board of Adjustment shall interpret the district boundaries.

(Ord. 1100 § 4, passed 4-3-64)

DISTRICT REGULATIONS

§ 155.020 APPLICATION OF DISTRICT REGULATIONS.

The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure of land, and particularly, except as hereinafter provided:

(A) No building, structure or land shall thereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.

(B) No building or other structure shall hereafter be erected or altered:

(1) To exceed the height;

(2) To accommodate or house a greater number of families;

(3) To occupy a greater percentage of lot area;

(4) To have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required or in any other manner contrary to the provisions of this chapter.

(C) No part of a yard or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.

(D) No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.

(E) All territory which may hereafter be annexed to the city shall be zoned in the classification designated by the ordinance annexing such territory, which classifications are now a part of the Comprehensive Zoning Ordinance of the city. Whenever such annexation has been completed, such newly annexed territory shall be subject to all the rules and regulations of the classification zone and/or zones designated in such annexing ordinance in accordance with the Comprehensive Zoning Ordinance, as amended, of said city.

(F) No manufactured home may be installed in any district except as follows:

(1) A new or used HUD-code manufactured home having less than 850 square feet of living space and mobile homes may be installed in a licensed mobile home park upon meeting all of the requirements of Chapter 152 of the Code of Ordinances.

(2) A new or used HUD-code manufactured home may be installed in the mobile home subdivision district upon meeting all of the requirements of § 155.033.

(3) A new HUD-code manufactured home having 850 square feet or more of living space may be installed in the blended conventional dwelling and new HUD-code manufactured home district upon meeting all of the requirements of § 155.034.

(G) The requirements of this chapter for a liquor store shall not apply to any of those liquor stores in the city for which a permit to sell liquor has heretofore been issued by the Texas Alcoholic Beverage Commission if such permit was in force and effect on January 1, 2004; and any such liquor store may continue to operate at its present location within the city for as long after such date as such liquor store continues to maintain a permit to sell liquor issued by the Texas Alcoholic Beverage Commission.

(H) Outside sales are prohibited on any parking facility within the city. Provided, however, it shall be an affirmative defense in any prosecution for a violation of this division if such sale is conducted (1) by the parking facility owner, (2) pursuant to a temporary use permit which has been issued under § 155.060, (3) by a non-profit association or organization which has been exempted from income taxation by the Internal Revenue Service under Section 501(c) of the Internal Revenue Code, or (4) by an individual or group of individuals not having been so exempted from income taxation but such sale is being conducted for a purpose which the City Manager, on request, has found to be charitable. The decision of the City Manager in this regard shall be by evidenced by written memorandum and may be appealed to the City Council. A decision by the City Manager or, if appealed, the decision of the City Council, recorded in the minutes of a duly call meeting thereof, that the purpose of such sale is charitable shall be final and nonappealable.

(Ord. 1100 § 5, passed 4-3-64; Am. Ord. 1100-K, passed 1-7-74; Am. Ord. 1845, passed 11-16-98; Am. Ord. 2004-2040, passed 3-15-04; Am. Ord. 2004-2043, passed 5-3-04) Penalty, see § 155.999

§ 155.021 NON-CONFORMING LOTS, USES OF LAND, STRUCTURES, AND USES OF STRUCTURES AND PREMISES.

(A) Intent.

(1) Within the districts established by this chapter or amendments that may later be adopted there exist lots, structures, and uses of land and structures which were lawful before this chapter was passed or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendment.

(2) It is the intent of this chapter to permit these non-conformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter that non-conformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(3) A non-conforming use of a structure, a non-conforming use of land, or a non-conforming use of a structure and land shall not be extended or enlarged after passage of this chapter by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.

(4) To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.

(B) Non-conforming lots of record. In a district where single-family dwellings are permitted, a single family detached dwelling may be erected on any lot of official record at the effective date of adoption or amendment of this chapter, irrespective of its area or width, provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard dimensions and other requirements shall be obtained only through action of the Board of Adjustment.

(C) Non-conforming uses of land. Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1) No such non-conforming use shall be enlarged or increased, nor shall be extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter. It shall be prohibited as an enlargement of that non-conforming use, for an establishment selling beer in a residential zone under a non-conforming use exception, to sell, in addition thereto, any other form or type of alcoholic beverage.

(2) No such non-conforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter.

(3) If any such non-conforming use of land ceases for any reason for a period of more than 30 days, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

(D) Non-conforming structures. Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure of its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1) No such structure may be enlarged or altered in any way which increases its non-conformity.

(2) Should such structure be destroyed by any means to an extent of more than 50% of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with provisions of this chapter.

(3) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(E) Non-conforming uses of structures. If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of this chapter, that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1) No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located;

(2) Any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building;

(3) If no structural alterations are made, any non-conforming use of a structure, or structure and premises, may be changed to another non- conforming use provided that the Board of Adjustment, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use. In permitting such change, the Board of Adjustment may require appropriate conditions and safeguards in accordance with the provisions of this chapter;

(4) Any structure, or structure and land in combination, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the non-conforming use may not thereafter be resumed;

(5) When a non-conforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months or for 18 months during any three year period, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located;

(6) Where non-conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land.

(F) Repairs and maintenance.

(1) On any building devoted in whole or in part to any non-conforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing, to an extent not exceeding 10% of the current replacement value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased.

(2) Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official of the city whose official responsibilities are directly involved upon order of such official charged with protecting the public safety.

(G) Uses under exception provisions not non- conforming uses. Any use for which an exception is permitted as provided in this chapter shall not be deemed a non-conforming use, but shall without further action be deemed a conforming use in such district.

(Ord. 1100 § 6, passed 4-3-64; Am. Ord. 1100-DDa, passed 1-15-79) Penalty, see § 155.999

§ 155.022 SCHEDULE OF DISTRICT REGULATIONS ADOPTED.

District regulations shall be as set forth in the Schedule of District Regulations, hereby adopted by reference and declared to be a part of this chapter, and in § 155.023, “Supplementary District Regulations”. The several districts hereby established and into which the city is divided are designated as follows:

Section

District

155.030	R-1 District	Single-family Residential District 7,000 square feet minimum lot area per dwelling unit.
155.031	R-2 District	Single-family Residential District 6,250 square feet minimum lot area per dwelling unit.
155.032	R-2A District	Single-family Residential District Townhouse or Condominium
155.033	R-2B District	Single-family Mobile Home Subdivision
155.034	R-2D District	Blended Conventional Dwelling and New HUD-Code Manufactured Home District
155.035	R-2C District	Single-family Residential, Recreational Vehicle Park
155.036	R-3 District	Multiple-family Residential District 1,500 square feet minimum lot area per dwelling unit on a lot of 6,250 square feet or more.
155.037	C-1 District	Retail Business District
155.038	C-2 District	General Commercial District

Section

District

155.039	W-1 District	Waterfront - Resort
155.040	W-1R District	Waterfront - Single Family Residential
155.041	W-2 District	Waterfront - Light
155.042	W-3 District	Waterfront - Heavy
155.043	M-1 District	Light Manufacturing
155.044	M-2 District	Heavy Manufacturing
155.045	PUD District	Planned Unit Development District
155.046	Historic District	Historic Landmark District

(Ord. 1100 § 7, passed 4-3-64; Am. Ord. 1100-CC, passed 10-16-78; Am. Ord. 1100-ZZ, passed 7-20-81; Am. Ord. 1100-HHH, passed 10-11-82; Am. Ord. 1100-LLL, passed 3-21-83; Am. Ord. 1100-MMM, passed 3-21-83; Am. Ord. 1100-OOO, passed 6-13-83; Am. Ord. 1100-91-2, passed 4-1-91; Am. Ord. 1100-92-1, passed 6-4-92; Am. Ord. 1100-94-1, passed 4-4-93; Am. Ord. 1845, passed 11-16-98; Am. Ord. 2006-2145, passed 11-20-06)

§ 155.023 SUPPLEMENTARY DISTRICT REGULATIONS AND EXCEPTIONS.

(A) Accessory buildings and wings.

(1) Accessory buildings detached from or attached to the main building by an enclosed or unenclosed structure may be permitted within the allowable building area of any lot defined by the required front, side and rear building lines.

(2) No accessory building shall be permitted in the required front yard or in the required side yard.

(3) Where the accessory building or wing is adjacent to a side street, the minimum side yard setback from said street shall be 10 feet.

(4) Attached to main building. Accessory buildings, portions thereof or wings attached to the main building may not extend into the required rear yard. Said attached structure shall have a rear setback of not less than 5 feet and a side setback equal to the required minimum side setback of the main building.

(5) Detached from main building. Accessory buildings or portions thereof detached from the main building may be permitted provided:

(a) That they are detached from the main building or structure and separated therefrom by a distance of not less than 10 feet; and

(b) Said accessory buildings have a rear and side yard setback of not less than 5 feet.

(B) Servants quarters. Only one single-family dwelling shall be constructed on each lot within the Residential Districts. Bona fide servants quarters, however, may be provided in an accessory building at the rear of the property in accordance with the requirements set forth for accessory buildings.

(C) C-1A Business Area. The C-1A Business area is designated on the official zoning map filed with the ordinance by a heavy solid black line.

(D) Distance between buildings on same lot.

(1) Outer courts and open spaces between

walls of residential buildings. Where any wall or portion thereof of a residential building is parallel or within 30 degrees of another wall or portion thereof of the same building or of another residential building on the same lot, the distance between the two walls shall be not less than one-fourth of the length of the shorter wall. The distance between walls of buildings shall not be less than 8 feet and need not exceed 30 feet.

(2) Distance between walls of buildings. The shortest horizontal distance measured between the vertical walls of a building or buildings perpendicular to an axis, all points along which are midway between said walls.

(E) C-1A Business Area parking exception. Off- street parking shall not be required for buildings and structures erected or altered within the C-1A Business Area as defined in division (C) above.

(F) Special building setback.

(1) Where a building line has been established by special ordinance and such line requires a greater setback than is prescribed by this chapter in the district in which the building line is located, no building shall be erected closer to the street than the line so established.

(2) Exception to setback requirement (C-1 District). The setback required in the C-1 (Retail Business District) shall not apply to the blocks abutting Brazosport Boulevard (State Highway 288) from its intersection with the North line of the Old Brazos River to its intersection with the most Northerly city limit line. Each building hereafter constructed upon such abutting property shall conform to the setback line established by existing buildings.

(G) Side setback adjacent to street. In all cases where the side yard is adjacent to a side street, the side yard shall not be less than 10 feet.

(H) Minimum street frontage required for residential use. Except as permitted in this chapter, no lot shall contain any building used in whole or in part for residential purposes unless such lot abuts for at least 30 feet on a street or officially approved place which means of access shall have a minimum right-of-way width of 35 feet.

(I) Parking and off-street loading areas.

(1) Off-street parking shall be required at the time any building or structure is erected or is enlarged or increased in capacity in accordance with the parking ratio requirements of this chapter.

(2) Each off-street parking space shall be a rectangle 9 feet by 20 feet exclusive of access drives or aisles and shall be located completely on private property. Adequate ingress and egress to all parking spaces shall be provided.

(3) Off-street loading spaces required. In any district, in connection with every building or part thereof hereafter erected and having a gross floor area of 3,000 square feet or more, which is to be occupied by any use requiring the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained, on the same lot with such building, at least one off-street loading space plus one additional loading space for each 3,000 square feet or major fraction thereof of gross floor area so used in excess of 3,000 square feet.

(4) Each loading space shall be no less than 10 feet in width, 25 feet in length and 14 feet in height. Such space may occupy all or part of any required yard or court space.

(5) In applying the off-street parking requirements, the floor area shall be the sum of the several floors of all enclosed buildings and structures on the lot measured from the center line of exterior walls. The floor area shall not include cellars and open and unenclosed balconies, terraces, porches, stairs and parking structures.

(6) Where open land is used for sales, manufacturing, storage or other operations in a manner similar to indoor operations, such open land shall be added to the floor area in determining the number of parking spaces required.

(7) Any lighting used to illuminate any off- street parking area shall be so arranged as to direct the light away from the adjoining premises of any Residential Districts.

(8) Parking ratio abbreviations in the permitted use, temporary use and specific use schedules refer to the off-street parking requirements applicable to the corresponding uses. Interpretation of off-street parking requirements is as follows:

Parking Ratio

Interpretation of Off-Street Parking Requirements

none	Off-street parking not required
1/100	1 space for each 100 square feet of gross floor space
1/unit	1 space for each dwelling unit
1/guest room	1 space for each guest room
1/3 seats	1 space for each three seats within the largest auditorium (20 inches shall equal 1 seat of benches as provided)
1/3 beds	1 space for each 3 beds
1/1.5 emp	1 space for 1.5 employees
5/alley	5 spaces for each bowling lane
10/wash lane	10 spaces for each washing lane

(9) Townhouses. 2.5 off-street parking spaces for each townhouse

(J) Projections into required yards. Open and unenclosed building projections such as outside stairways and fire escapes, balconies, terraces or porches, awnings, eave and roof extensions, and ornamental features may project into the required yards for a distance not to exceed 4 feet. In no case shall such projections be located closer than 3 feet from any lot line.

(K) Site plan.

(1) A site plan is a plan of development drawn to scale indicating:

(a) The location and arrangement of buildings on subject property;

(b) Building setbacks or yards;

(d) Off-street parking and loading areas and design of ingress and egress to and from abutting streets.

(2) Where a site plan is required, a Certificate of Occupancy and Compliance shall not be issued until a site plan of development has been approved by the Building Official.

(3) For any specific use permit application or whenever two or more main buildings, or portions thereof, are placed upon a single lot or tract and such buildings will not face upon a street or officially approved place, a site plan shall be submitted to and reviewed by the City Planning Commission prior to being approved by the Building Official for the purpose of issuing a Certificate of Occupancy and Compliance.

(4) For any temporary use permit application, a site plan shall be submitted to and reviewed by the Board of Adjustment prior to being approved by the Building Official for the purpose of issuing a Certificate of Occupancy and Compliance.

(5) The reviewing body (the City Planning Commission or the Board of Adjustment) may recommend disapproval of a site plan, or in recommending approval of a site plan may require revisions of the proposed arrangement of buildings, streets, parking areas and ingress and egress. They may recommend the installation of storm sewers, storm sewer inlets, sidewalks, paving, platting of streets, protective screening and/or additional open space for rights-of-way or other public use.

(6) Disapproval, approval or conditional approval of a site plan together with all recommendations or revisions shall be indicated on the site plan together with the date of review and the signatures of the Chairman of the reviewing body and the Building Official. This site plan shall be the official copy and kept on file together with all previous site plans.

(7) A duplicate copy of the official site plan disapproved, approved or conditionally approved shall be given to the applicant together with all the recommendations of the reviewing body.

(8) The purpose of site plan approval is to determine compliance with this chapter and to promote the orderly and harmonious development of the city.

(L) Fences.

(1) No fences or fencing will be allowed forward of the main building or structure on any premises within an R-1, R-2, & R-3 district within the city. Fencing will be permitted at or behind the front wall of the main building facing the front street. Fencing, in all cases where the side yard is adjacent to a side street, the side yard fence or fencing, shall not be closer than ten feet (10') to side lot line or right-of-way line, whichever is the more stringent or restrictive provision; rear lot fence or fencing will be allowed to follow the rear lot line with the exception where a rear fence or fencing line has been established by special ordinance and such rear fence line requires a less or greater setback than is prescribed by this section in the district in which the fence line is located. No fence or fencing shall be erected closer to the street, right-of-way or alley than the fence line so established.

(2) Fences in violation of this section on the date of its adoption will be permitted to remain but shall not be extended and shall not be repaired or reconstructed if the repairs or reconstruction proposed would extend over 50 feet of existing fence.

(3) Yard fencing obstructions.

(a) No person shall place or allow to be placed any fence, wall, barrier or other obstruction upon or across any area between the private property or fence line and curb line which will or may in any way restrict the use of this area to pedestrians.

(b) On any corner lot on which front and side yards are required, no fence, structure, sign, tree, shrub or hedge may be maintained within a 25 foot isosceles triangle formed by the lot lines on the corner, as to cause danger to traffic by obstructing the view. Any above stated obstruction in violation of this section on the date of its adoption will be permitted to remain but shall not be replaced and shall be maintained to meet the maximum height of low growing shrubs of 24 inches above the curb or roadway and the minimum height of visibility for high growing shrubs or trees, that being 96 inches above the curb or roadway.

(4) Special exception to fencing requirements within an R-3 District. Fencing will be permitted forward of the main structures on apartment complexes only, having multi-unit structures and having a minimum of eight units per structure and a maximum of 125 housing units per complex. Fence or fencing shall be wrought iron fencing, a minimum of six feet above natural ground level and a maximum of seven feet above natural ground level with wrought iron pickets on four inch centers with brick columns seven feet above natural ground level and 24 inches by 24 inches square. Brick columns to be on 30 feet centers. Above stated fencing shall be used in front and side fence lines that are abutting streets. All fencing with an R-3 District shall meet the minimum requirements for fence line setbacks for apartment complexes.

Setbacks from Lot Line or Right-of-Way:

front: 15'

rear: 0

side: 0

side street: 10'

corner: 25'

(a) In all cases where the side fence line and front fence line are adjacent to a street, the fence shall not enter into the 25 foot isosceles triangle formed by the 25 foot setback from the corner, as to cause danger to traffic by obstruction of the view. All entry gates shall have a minimum setback of 20 feet from property line or right-of-way lines, whichever is the more stringent or restrictive provision.

Fencing on side fence lines and rear fence lines shall be a minimum of six feet from the natural ground level and can be of the type to provide the same security as the wrought iron fencing. Entry and exit gates shall be of the type that will slide parallel to the property or fence line.

(5) A decorative fence is permitted in front yard under the following conditions:

(a) It is a picket fence having openings not less than 50% of the fence area and cannot exceed three feet in height.

(b) It may be constructed from wood, hard plastic type products, iron and sturdy materials approved by the Building Official.

(d) It cannot be a chain link, wire mesh or corrugated metal fence.

(e) It cannot be closer than ten feet to a public street.

(f) Any existing front yard fence that is in violation of these provisions on the effective date of the ordinance adding these provisions to the code of ordinances shall be allowed to remain.

(M) Recreational vehicles may be located or maintained in any licensed mobile home park which was in existence on April 4, 1993. Provided, however, before fifty (50%) or more of the spaces in such mobile home park may be occupied by recreational vehicles, such park shall convert to and satisfy all of the requirements for a recreational vehicle park as set forth in this chapter and in Chapter 152 of the City Code of Ordinances. Provided further, if such mobile home park exists as a non-conforming use in a zoning district from which mobile homes are excluded, this exception shall not be construed to alter the non-conforming use status of such park and such park shall continue to be subject to the provisions of § 155.021 relating to non-conforming uses.

(N) Blocks and lots in residential zones located along the Old Brazos River not abutting a public street. Blocks and lots in residential zones located along the Old Brazos River, which do not abut a public street, shall establish the front building line of such blocks or lots as the boundary line of the levee easement on the river side.

(O) Additional requirements for modular or industrialized homes and buildings.

(1) The applicant for a permit to install a modular or industrial building or a modular or industrial home within the city shall provide a complete set of design plans and specifications bearing the stamp of the Texas Industrialized Building Code Council and, before issuing such permit, the Building Official shall review the same for compliance with the mandatory state codes.

(2) All applicable local permits, e.g. plumbing, electrical, etc., shall be obtained for a modular or industrialized building or a modular or industrialized home being installed within the city before any construction begins on a building site.

(3) All modules or modular components installed in a modular or industrial building or a modular or industrial home within the city shall bear an approved Texas decal or insignia approved by the Texas Industrialized Building Code Council.

(4) The Building Official shall, at suitable times, inspect the erection and installation of every modular or industrial building and every modular or industrial home within the city to assure compliance with the mandatory state codes; and shall make a final inspection and any necessary tests before the occupancy thereof.

(5) Every single-family or duplex modular or industrial home erected within the city shall have a value equal to or greater than the median taxable value for each dwelling that is not a modular or industrial home and that is located within 500 feet of the proposed installation site for such modular or industrial home.

(6) Every single-family or duplex modular or industrial home erected within the city shall have exterior siding, roofing, roofing pitch, foundation fascia and fenestration compatible with each dwelling that is not a modular or industrial home and that is located within 500 feet of the proposed installation site for such modular or industrial home.

(7) Every single-family or duplex modular or industrial home erected within the city shall comply with the aesthetic standards, building setbacks, side and rear yard offsets, subdivision control, architectural landscaping, square footage and other site requirements applicable to dwellings located within the city that are not modular or industrial homes.

(8) Every single-family or duplex modular or industrial home erected within the city shall be securely fixed to a permanent foundation. The use of ground anchors is not approved for permanent foundations.

(9) Every modular or industrial building and every modular or industrial home erected within the city that is not maintained shall be considered altered and must be removed from the city unless recertified by the Texas Industrialized Building Code Council.

(10) A modular or industrialized building cannot be erected or located in a residential zoning district and all modular or industrialized housing must be erected or located within a residential zoning district.

(11) The provisions of this division do not apply to a construction site building while construction is actually occurring at the site where such building is located.

(P) No land or building in the city may be used as a non-regulated night club between the hours of 2:15 a.m. and 12:00 noon on Sunday and between the hours of 2:15 a.m. and 7:00 a.m. on other days.

(Q) Every certificate of occupancy issued for any premises that, in the opinion of the Building Official, could be used as a non-regulated night club shall provide that the Building Official and any building inspectors or police officer of the city shall have a right of entry to such premises during the hours mentioned in division (P) of this section for the purpose of determining whether or not such premises is in fact being used as a non-regulated night club during any of the hours mentioned in division (P) of this section and, if such premises is being so used, the duty to verbally notify the occupants of such premises to immediately cease such use and that the continued use of such premises by any occupant as a non-regulated night club during such hours after receiving such notice shall be a violation of the zoning ordinance and, upon conviction, shall be punished as provided in § 155.999 of this chapter. Provided, however, nothing in this division shall prevent an arrest or prosecution of any occupant found to be in violation of Tex. Alcoholic Beverage Code § 105.06(c) for consuming or possessing with intent to consume an alcoholic beverage in a public place during such hours without the giving of such warning.

(Ord. 1100 § 8, passed 4-3-64; Am. Ord. 1100-L, passed 2-18-74; Am. Ord. 1100-X, passed 10-24-77; Am. Ord. 1100-NN, passed 5-5-80; Am. Ord. 1100-DDD, passed 4-19-82; Am. Ord. 1100-88-4, passed 11-21-88; Am. Ord. 1100-94-1, passed 4-4-93; Am. Ord. 1901, passed 6-5-00; Am. Ord. 2004-2071, passed 12-6-04; Am. Ord. 2006-2118, passed 3-20-06; Am. Ord. 2007-2178, passed 10-15-07; Am. Ord. 2009-2232, passed 12-7-09; Am. Ord. 2011-2297, passed 12-5-11; Am. Ord. 2015-2099, passed 11-2-15)

§ 155.024 CLASSIFICATION OF NEW AND UNLISTED COMMERCIAL USES.

It is recognized that new types of commercial land use will develop and forms of commercial land use may seek to locate in the city which were not anticipated at the time the lists of permitted uses contained in this chapter as originally adopted were developed or were thereafter amended. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of commercial land use shall be made as follows:

(A) The Building Official shall refer the question concerning any proposed new or unlisted use of land located in an existing commercial zoning district (e.g., C-1 District, Retail Business), but excluding (a) any uses permitted in any zoning district other than C-1 or C-2 and (b) sexually oriented businesses, to the Planning Commission requesting an interpretation as to which then existing commercial zoning district, if any, such use should be added. The referral shall be accompanied by a statement of facts listing the nature of the use and whether it involves sales, processing, type of product, storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer.

(B) The Planning Commission shall consider the nature and described performance of the proposed use and its compatibility with the already listed uses permitted in the various commercial zoning districts and determine the commercial zoning district, if any, within which such use is most similar and should be permitted.

(C) The Planning Commission shall transmit its findings and recommendations to the City Council as to the classification, if any, proposed for any new or unlisted commercial use. The City Council shall by resolution approve or reject the recommendation of the Planning Commission or make such determination considering the classification of the unlisted use as is determined by the City Council to be appropriate based upon its findings.

(D) Standards for new and unlisted uses which have been approved by the City Council may be interpreted as those of a similar use. When the minimum requirements for unlisted uses which have been approved by the City Council cannot be readily ascertained, the same process outlined in divisions (A) through (C) of this section shall be followed for determination of the new standards for such uses.

(Ord. 2007-2159, passed 3-19-07)

SPECIFIC DISTRICT REGULATIONS

§ 155.030 R-1 DISTRICT, SINGLE FAMILY RESIDENTIAL.

This district consists mainly of area containing single-family dwellings and of open spaces where single-family development appears desirable. In addition to the general purposes applying to all residential districts, the regulations of District R-1 are designed to encourage the provision of single-family detached dwellings in low density residential area with a minimum lot area of 7,000 square feet.

(A) Minimum requirements for lot area, width and setback:

Lot area: 7500 SF

Lot width: 60'

Setback:

Front: 25'

Rear: 6'

Side:

One: 5'

Sum of both: 15'

(B) See § 155.023 for supplementary district regulations, exceptions and parking requirements applying to the R-1 District.

(C) See § 155.060 (D) and (E) for temporary use permits that may be granted by the Board of Adjustment and specific use permits that may be recommended by the City Planning Commission within the R-1 District under certain circumstances and conditions.

Permitted Uses

Parking Ratio

Single-family dwelling unit	1/unit
Accessory building, servants quarters, garage or carport, domestic storage	none
Field crops, horticulture, nursery, truck gardening, but not including retail sales on the premises	none
Golf course, but not including commercial golf games, or amusement	none
Public park, playground or playfield	none
Swimming pool, private	none
Railroad rights-of-way but not including shops and yards	none
Tract offices and construction buildings which shall be removed upon completion or abandonment of construction	none

Permitted Uses

Parking Ratio

Home occupations: Any occupation that is customarily carried on at home that does not involve a structural change in the dwelling unit or in a building accessory to the dwelling unit, that does not require the employment of help other than members of the immediate family, the installation of equipment or electric motors exceeding a total limitation of 3 horsepower per dwelling unit, provided however that the following uses shall not be permitted as customary home occupations:

Any building in which chattels or goods, wares or merchandise are commercially created, changed, repaired, exchanged or sold; barber or beauty shops; beauty culture schools; commercial stables or kennels; doctor’s office for the treatment of patients; and/or the display of goods.

(D) Height regulations.

No building shall exceed 30 feet or 2 stories in height.

(Ord. 1100 § 7.1, passed 4-3-64; Am. Ord. 2006-2145, passed 11-20-06) Penalty, see § 155.999

§ 155.031 R-2 DISTRICT, SINGLE-FAMILY RESIDENTIAL.

This district consists mainly of areas containing single-family dwellings and of open spaces where single-family development appears desirable. In addition to the general purposes applying to all residential districts, the regulations of District R-2 are designed to encourage the provision of single- family detached dwellings in low density residential areas with a minimum lot area of 6,250 square feet.

(A) Minimum requirements for lot area, width, and setback.

Lot area: 6250 SF

Lot width: 50'

Setback:

Front: 25'

Rear: 5'

Side:

One: 5'

Sum of both: 10'

(B) See § 155.023 for supplementary district regulations, exceptions and parking requirements applying to the R-2 District.

(C) See § 155.060 (D) and (E) for temporary use permits that may be granted by the Board of Adjustment and specific use permits that may be recommended by the City Planning Commission within the R-2 District under certain circumstances and conditions.

(D) Permitted uses and parking requirements. Any use permitted in the R-1 District. See § 155.030 (C) for permitted uses and parking requirements.

(E) Height regulations. No building shall exceed 30 feet or 2 stories in height.

(Ord. 1100 § 7.2, passed 4-3-64) Penalty, see § 155.999

§ 155.032 R-2A DISTRICT, SINGLE FAMILY RESIDENTIAL, TOWNHOUSE OR CONDOMINIUM.

(A) Composition of district. This district consists mainly of highly restricted high density residential zone composed of single-family townhouse dwellings or condominiums.

(B) Each townhouse shall be located on an individual lot, with no lot containing less than 2,000 square feet. The minimum living area per unit will be not less than 1,000 square feet. There shall be at least 4 connected units in each townhouse project. Each townhouse group shall have not less than 4 adjoining townhouse units.

(1) Minimum requirements for lot area and setback for townhouse group.

Lot area: 2000 SF/unit

Min. units: 4

Max. units: 10

Setbacks:

Front: 5'

Rear: 10'

Side: see specs below

(2) Setbacks:

(a) Each townhouse or townhouse group shall be set back from the front street at least 5 feet for the building line.

(b) Each townhouse or townhouse group shall be set back from a side street at least 10 feet for the building line.

(c) Each townhouse having a garage opening onto a street shall be set back at least 10 feet from the property line adjoining the street right-of-way onto which such garage opens.

(d) Each townhouse or group of townhouses which do not provide a dedicated alley to the rear thereof shall be set back at least 10 feet from the rear lot line.

(3) Permitted uses and parking requirements. Any use permitted in the R-1 and R-2 Districts. Single-family dwellings. 2.5 off-street parking spaces shall be provided for each townhouse. At least one space shall be covered and shall be located on the individual’s townhouse lot. No parking shall be allowed in the front 5 feet of a townhouse lot or common area, nor in the 10 feet adjacent to a side street. One-way driveways shall be at least 9 feet in width, and two-way driveways shall be at least 18 feet in width.

(4) Permitted accessory use. Mechanical buildings, maintenance and tool shop and recreational building. Accessory buildings shall be the same design and appearance as townhouses and subject to the same maximum height restrictions.

(5) Height and coverage regulations. No building or accessory structure shall exceed 2.5 stories or 35 feet in height.

(6) Yards. Within a townhouse project there shall be at least 20 feet of separation or combined side yard between each townhouse group, subject to rear setback requirements.

(C) Condominium. The provisions of division (B) of this section shall apply to any condominium located or to be located within the city except (1) a condominium the declaration for which was recorded before January 1, 1994, if the application of division (B) of this section to such condominium is in conflict with an applicable provision of Tex. Property Code Ch. 81 or (2) a condominium the declaration for which was recorded on or after January 1, 1994, if the application of division (B) to such condominium conflicts with an applicable provision of Tex. Property Code Ch. 82.

(Ord. 1100-L, passed 2-18-74; Am. Ord. 1100-ZZ, passed 7-20-81; Am. Ord. 2013-2056, passed 1-21-14) Penalty, see § 155.999

§ 155.033 R-2B DISTRICT, SINGLE-FAMILY RESIDENTIAL, MOBILE HOME SUBDIVISION.

This district is intended to be composed primarily of mobile homes and HUD-code manufactured homes.

(A) Minimum requirements for lot area and setback.

Lot area: 6250 SF

Lot width: 50'

Setback:

Front: 25'

Rear: 5'

Side:

One: 5'

Sum of both: 10'

(B) See § 155.023 for supplementary district regulations, exceptions, and parking requirements applicable to the R-2 District.

(D) Permitted uses and parking requirements. Any use permitted in the R-1 and the R-2 Districts. See § 155.030 (C) for permitted uses and parking requirements.

(E) Height regulations. No building shall exceed 30 feet or 2 stories in height.

(F) Special requirements.

(1) A map of plat of all mobile homes subdivisions shall be prepared in accordance with the subdivision ordinance of the city.

(2) The minimum size of a mobile home subdivision shall be 8 acres.

(3) No more than one mobile home shall be placed on each lot.

(4) No mobile home shall be permitted in a mobile home subdivision unless it contains at least 400 square feet of living area.

(5) Not more than one travel trailer or camper shall be parked on any one lot within a mobile home subdivision. No camper or travel trailer shall be occupied or used for sleeping quarters within a mobile home subdivision.

(6) Each mobile home shall contain a flush toilet, sleeping accommodations, a tub or shower bath, kitchen facilities, and plumbing and electrical connections designed for and attached to appropriate external systems.

(7) Personal goods and articles, other than cars, fuel tanks, boat, lawn furniture and similar items too large to reasonably enclose, shall be stored on the mobile home lot only in a completely enclosed structure.

(8) Any existing mobile home in this district may only be replaced with a HUD-code manufactured home or a conventional dwelling.

(Ord. 1100-CC, 10-16-78; Am. Ord. 1844, passed 11-16-98) Penalty, see § 155.999

§ 155.034 R-2D DISTRICT, BLENDED CONVENTIONAL DWELLING AND NEW HUD-CODE MANUFACTURED HOME.

This district includes land which is used solely for single-family dwellings, but any such dwelling may be either a single conventional dwelling or a single new HUD-code manufactured home having 850 square feet of living space or more.

(A) Minimum requirements for lot area and setback.

Lot area: 6250 SF

Lot width: 50'

Setback:

Front: 25'

Rear: 5'

Side:

One: 5'

Sum of both: 10'

(B) See § 155.023 for supplementary district regulations, exceptions and parking requirements applicable to the R-2 District.

(C) § 155.060 (B) and (C) shall not apply to the installation of a HUD-code manufactured home. However, a written application to install a new HUD-code manufactured home for use and occupancy as a dwelling in this district shall be filed with the Building Official prior to commencement of the installation thereof and shall be deemed approved and granted unless denied by the Building Official within 45 days from the receipt of the application setting forth the reason. No fee shall be charged therefor.

(D) See § 155.060 (D) and (E) for Temporary Use Permits that may be granted by the Board of Adjustment and Specific Use Permits that may be recommended by the City Planning Commission under certain circumstances and conditions.

(E) Permitted uses and parking requirements. Any use permitted in the R-1 and the R-2 Districts.

(F) Height regulations. No building shall exceed 30 feet or 2 stories in height.

(G) Special requirements for HUD-code manufactured homes.

(1) Axles, wheels and external trailer hitch tongues or similar devices on or by means of which such home is or may be transported must be removed from the home and this district within ten days after such home is transported to this district.

(2) All such homes installed in this district must be placed on and secured to a permanent concrete foundation and connected to the city’s water and sewer system within ten days, but the chassis of such home may not be more than 24 inches above ground level.

(3) Within ten days after any such home is placed on a permanent foundation in this district, vinyl or masonry skirting completely surrounding the exterior of such dwelling must be installed so as to provide adequate access and ventilation and must thereafter be continually maintained in a good state of repair. Provided, however, if vinyl skirting is used, it must have a minimum thickness of not less than the thickness of the outer siding of the manufactured home to which it is being attached. As used herein, ‘adequate access’ means a crawl space of at least 18 inches but not more than 24 inches.

(4) All such homes installed in this district must meet all then current requirements for a new HUD-code manufactured home to be installed in counties of the state of Texas located on the Gulf of Mexico contained in federal and state HUD-code manufactured home construction and safety standards.

(5) All such homes installed in this district must be new and must meet then current standard housing or other standard codes adopted by the Code of Ordinances of the city, except as modified by this section, if not in conflict with federal and state HUD-code manufactured home construction and safety standards.

(6) All such homes installed in this district must contain a minimum of 850 square feet of living area. The term LIVING AREA excludes any attached garage, patio or porch.

(Ord. 1845, passed 11-16-98; Am. Ord. 1861, passed 6-7-99) Penalty, see § 155.999

§ 155.035 R-2C DISTRICT, SINGLE FAMILY RESIDENTIAL, RECREATIONAL VEHICLE PARK.

This district is intended to promote and preserve single family recreational vehicle park development in suitable locations within the city. For the definition of a Recreational Vehicle Park, please refer to the definitions of Recreational Vehicle Park contained in § 155.002.

(A) Minimum requirements for lot area and setback.

Lot area: 1250 SF

Lot width: 25'

Setback:

Front: 0'

Rear: 0'

Side:

One: 0'

Sum of both: 0'

(B) Minimum requirements for setbacks from adjacent property lines which may include the width of utility easements.

Setback:

Front: 25'

Rear: 10'

Side:

One: 5'

Sum of both: 10'

(C) Minimum requirements for setbacks from property lines located adjacent to properties zoned R-1, R-2, R-2A or R-3. These setbacks will act as a buffer zone and may include the width of utility easements.

Setback:

Front: 25'

Rear: 25'

Side:

One: 25'

Sum of both: 50'

(D) See § 155.023 for supplementary district regulations, exceptions and parking requirements applicable to the R-2 District.

(E) See § 155.060 (D) and (E) for temporary use permits that may be granted by the Board of Adjustments and specific use permits that may be recommended by the City Planning Commission under certain circumstances and conditions.

(F) Permitted uses and parking. Only recreational vehicle parks with their necessary service buildings are permitted in this district. Sufficient width and length for the parking of one automobile or pickup shall be included within each space (see § 155.023 (I)(2)) and an off-street parking area for guests and visitors shall be included at the ratio of one for each recreational vehicle space in the park.

(G) Height regulations. No building shall exceed 30 feet or two stories in height.

(H) Special requirements.

(1) Proposals for the development of any recreational vehicle park shall be required to abide by the same approval process as required for a planned unit development district (see § 155.045) with the exception of § 155.045 (F)(1) and (H)(1)(c), (d), and (f), which are not applicable. In applying § 155.045 to § 155.035, the term ‘Recreational Vehicle Park’ shall be substituted for the term ‘Planned Unit Development.’

(2) No more than one recreational vehicle may be placed in a single space.

(3) All development must comply with currently adopted technical codes.

(4) There shall be a 3% landscaping requirement for any proposed recreational vehicle park unless such park is located adjacent to property zoned for R-1, R-2, R-2A, or R-3, in which case 50% of the required buffer zone abutting any of the above mentioned zones shall be appropriately landscaped. Landscaping requirements will be subject to the approval of the Planning and Zoning Commission and the City Council.

(5) Other requirements applicable to recreational vehicle parks found in Chapter 120 of the City Code of Ordinances.

(Ord. 1100-94-1, passed 4-4-93) Penalty, see § 155.999

§ 155.036 R-3 DISTRICT, MULTI-FAMILY RESIDENTIAL.

This district consists mainly of areas which contain some two-family or multiple-family development or which are centrally located or suitable for ultimate two-family or multiple-family development. In addition to the general purposes applying to all residential districts, the regulations of District R-3 are designed to encourage the provision of conveniently located, centrally maintained rental accommodations.

(A) Minimum requirements for lot area, width and setback.

(1) Single family or two family dwelling.

Lot area: 6250 SF

Lot width: 50'

Setback:

Front: 25'

Rear: 5'

Side:

One: 5'

Sum of both: 10'

(2) Multi-family dwelling.

Lot area: 6250 SF

Lot width: 50'

Setback:

Front: 25'

Rear: 5'

Side:

One: 7'

Sum of both: 23'

(B) See § 155.023 for supplementary district regulations, exceptions and parking requirements applying to the R-3 District.

(C) See § 155.060 (D) and (E) for temporary use permits that may be granted by the Board of Adjustment and specific use permits that may be recommended by the City Planning Commission within the R-3 District under certain circumstances and conditions.

(D) Permitted uses and parking requirements.

Permitted Use	Parking Ratio
Any use permitted in the R-1, R-2 or R-2A District
Duplex (two-family dwelling)	2/unit
Apartment house or housing project	2/unit
Hospital; general, not including animal	1/3 beds
Rooming, boarding house, and/or tourist home	1/unit

(E) Other required conditions.

(1) Site plan. Where new dwelling construction or additions to an existing building in any district provide dwelling units for more than two families on a single lot or tract of land, a site plan shall be submitted to and approved by the Building Official prior to the issuance of a Certificate of Occupancy and Compliance.

(2) The total floor area of any building or buildings on a lot in the R-3 District shall not exceed 60 percent of the total number of square feet in the lot.

(3) Maximum lot coverage. The total gross area of the first floor of all main buildings measured from the exterior faces of exterior walls shall not exceed 30% of the gross area of the lot or tract of land.

(4) Density. In the R-3 District, multiple-family dwellings may be constructed on any lot provided that:

(a) The minimum land area per family unit is not less than 1,500 square feet;

(b) The maximum number of dwelling units allowable on any lot where multiple- family dwelling units are permitted shall be determined by dividing the total number of square feet in the lot by 1,500.

(5) Servants quarters. When servants quarters are provided in districts where more than one dwelling unit is permitted, the servants quarters together with the total number of dwellings units on the lot or tract of land shall not exceed the total number of dwelling units permitted.

(F) Height regulations. No building shall exceed 30 feet or 2 stories in height.

(Ord. 1100 § 7.3, passed 4-3-64; Am. Ord. 1100-RR, passed 1-5-81) Penalty, see § 155.999

§ 155.037 C-1 DISTRICT, RETAIL BUSINESS.

This district consists mainly of land occupied by or suitable for neighborhood shopping facilities for the retailing of “convenience goods” and the furnishing of certain personal services to satisfy most of the daily needs of the adjacent residential neighborhood.

(A) Minimum requirements for lot area, width and setback.

(1) C-1.

Lot area: 2500 SF

Lot width: 25'

Setback:

Front: 25'

Rear: 20'

Side: 0'

(2) Exception: C-1A Business Area.

Lot area: 2500 SF

Lot width: 25'

Setback:

Front: 0'

Rear: 20'

Side: 0'

(3) Where the side yards of lots in the C-1 District are abutting a residential district, the side yard setback shall not be less than 10 feet.

(4) Residential development within the C-1 District. The lot area, lot width, density and setback regulations for residential structures within the C-1 District shall be the same as those in the R- 3 District.

(5) All blocks abutting Brazosport Boulevard (SH 288), situated north of the north boundary line of the Old Brazos River, shall have setback requirements conforming to the established building line or lines.

(B) See § 155.023 for supplementary district regulations, exceptions and parking requirements applying to the C-1 District.

(C) See § 155.060 (D) and (E) for temporary use permits that may be granted by the Board of Adjustment and specific use permits that may be recommended by the City Planning Commission within the C-1 District under certain circumstances and conditions.

(D) Permitted uses and parking requirements.

C-1 Permitted Uses

Parking Ratio

Any use permitted in an R District
Ambulance service	1/1.5 employees
Art, supply store, antiques, gallery or museum	1/200
Auditorium, arena, coliseum, or theater	1/3 seats
Automobile, accessory and supply store	1/200
Automobile Laundry	10/washing lane
Automobile service station	none
Automobile parking lot or garage	none
Automobile repair, rental or taxi storage	none
Automobile sales, new or used	none
Bakery retail	1/200
Bank, loan company	1/200
Barber shop or beauty parlor	1/200
Blue printing and similar reproduction processes	1/200
Book store or lending library commercial	1/200
Business machines, sales/service	1/400
Bus station	none

C-1 Permitted Uses

Parking Ratio

Camera or photographic supplies store	1/200
Candy, nut, confectionery store	1/200
Caterer	1/200
Christmas trees and wreaths	none
Clinic or office, medical	1/200
Clothing including formal wear and costumes	1/200
Club or Lodge	1/200
Department Store	1/200
Drug stores	1/200
Dry cleaning, package plant, or pickup station	1/200
Eating place enclosed	1/400
Floor covering sales retail	1/400
Florist shop, greenhouse (parking requirement does not include greenhouse or open stock)	1/200
Food or grocery store retail	1/200
Food locker plant for consumer use	1/200
Funeral home or mortuary	1/3 seats
Furniture, appliance and custom upholstery	1/400
Fur shop or hat shop	1/200
Gift, novelty shop	1/200
Hardware store and small tool rental, but not including sales of lumber or industrial hardware	1/200
Hobby shop or supply store	1/200
Hotel	1/2 units
Ice vending establishment	none
Institution non-residential	1/400
Jewelry store	1/200
Laboratory, medical or dental	1/400
Laundry, package plant, pickup station or self-service	1/200

C-1 Permitted Uses

Parking Ratio

Loan office or pawn shop	1/200
Locksmith or key shop	1/200
Lounges serving alcoholic beverages	1/100
Manufacturing of baked goods, candy, delicatessen foods and ice cream	1/400
Motel	1/unit
Music store, phonograph records retail sales	1/400
Newspaper distribution station	none
Office, any type	1/400
Optical goods, optician, optometrist	1/200
Orthopedic or medical shoe or appliance store and repair	1/400
Paint and wallpaper store or decorators shop	1/200
Pet shop	1/200
Photographic, studio or store and photo processing	1/200
Physical culture and health studios	1/200
Plumbing fixture sales retail	1/400
Post Office	1/200
Radio, television or recording studio	1/200
Rehabilitation center for handicapped persons	1/1.5 emp
Rental, repair or servicing of articles whose sale is permitted in the same district, unless more specifically listed elsewhere	1/200
School commercial or trade, when not involving any danger of fire or explosion or offensive noise, vibration, dust, odor, glare, heat or other objectionable influences	1/400
Second hand store or rummage shop	1/200
Sewing machine sales retail	1/200
Shoe repair shop or store	1/200
Sign business; illuminated or non-illuminated, not to exceed 50 square feet in area and 25 feet in height which directs attention to a commodity or service conducted, sold, or offered upon the same lot (See § 155.023 (L)(3) for more details)	none
Sporting goods store	1/200

C-1 Permitted Uses

Parking Ratio

Stationery store	1/200
Storage of goods or merchandise, used in, produced by or normally carried in stock in conjunction with permitted uses in the applicable district regulations	1/1000
Studio for professional work or for teaching any form of fine arts, photography, music, drama, etc.	1/400
Swimming pool commercial	1/200
Tailor shop seamstress, altering and repairing of wearing apparel	1/400
Taxidermist	1/400
Telephone answering service	1/200
Telephone exchange, garage, shop or service	1/400
Toy stores	1/200
Veterinarian, indoor soundproof kennels only	1/400
Watch repair	1/200
Wholesale office with storage limited to samples	1/400

(E) Other required conditions. A site plan shall be submitted to and approved by the Building Official prior to the issuance of a Certificate of Occupancy and compliance for new construction or additions to an existing building or structure for multiple-family or commercial uses within the C-1 District.

(Ord. 1100 § 7.4, passed 4-3-64; Am. Ord. 1100-EEE, passed 4-19-82; Am. Ord. 1100-91-4, passed 6-17-91) Penalty, see § 155.999

§ 155.038 C-2 DISTRICT, GENERAL COMMERCIAL.

This district consists mainly of land occupied by or suitable for a wide range of retail and wholesale activities. Land in this district is located mainly along major highways and in the vicinity of industrial areas. The C-2 District regulations are designed to permit development of the enumerated functions and to provide space for commercial uses which are generally not appropriate for Retail Business District.

(A) Minimum requirements for lot area, width and setback.

Lot area: 2500 SF

Lot width: 25'

Setback:

Front: 25'

Rear: 10'

Side: 0'

(1) Where the side yards of lots in the C-2 District are abutting a Residential District, the side yard setback shall not be less than 10 feet.

(2) Where the rear yards of lots in the C- 2 District are abutting a Residential or C-1 District, the rear yard setback shall not be less than 20 feet.

(3) Residential development within the C-2 District. The lot area, lot width, density and setback regulations for residential structures within the C-2 District shall be the same as those in the R-3 District.

(B) See § 155.023 for supplementary district regulations, exceptions and parking requirements applying to the C-2 District.

(C) See § 155.060 (D) and (E) for temporary use permits that may be granted by the Board of Adjustment and specific use permits that may be recommended by the City Planning Commission within the C-2 District under certain circumstances and conditions.

(D) Permitted uses and parking requirements.

C-2 Permitted Uses

Parking ratio

Any use permitted in the R-1, R-2, R-3 or C-1 District
Animal hospital, pound or shelter (parking requirement does not include outdoor kennels)	1/200
Automobile, glass, muffler, seat cover, tire and upholstery service, sales, installation and repair, but not including tire recapping	1/400
Automobile Laundry	10/washing lane
Automobile, repair, body work painting	none
Bait store, including frozen bait only	1/200
Bakery wholesale	1/1000
Barber and beauty shop equipment and specialties; sales	1/400
Baseball park, commercial	1/3 seats
Boat sales, rental, storage and repair	1/400
Bookbinding	1/1000
Bowling alley	5/alley
Cabinet or carpentry shop	1/400
Carting, crating, express hauling and storage	1/400
Cold storage plant	1/1000
Construction, equipment sales, service, rental and repair	none
Contractors or construction offices, shops and yards	1/400
Dance hall, commercial	1/100
Eating place providing auto service	1/100
Exterminator	1/400
Farm equipment sales, service, repairs, feed store	1/400
Firearms, ammunition, and hunting supplies, in combination; sales	1/400

C-2 Permitted Uses

Parking ratio

Freight depot or terminal, railroad and/or truck	1/400
Glass and cutting shop	1/400
Golf course, commercially operated driving ranges, pitch and putt courses, miniature golf or other commercial amusement	1/500
Hardware industrial sales	1/400
Indoor air rifle ranges that comply with National Rifle Association guidelines	1/400
Laboratory, research or testing	1/400
Linen or uniform supply, or diaper service	1/400
Liquor store, by specific use permit only	1/400
Lumber yard (parking does not include lumber sheds)	1/400
Machine tools, sales, service, rental and repair	1/400
Mirror silvering	1/1000
Mobile home sales	1/400
Monument sales and incidental processing	1/1000
Motorcycle sales, repair, storage and service	1/400
Oil well supplies and machinery sales	1/1.5 emp
Pipe storage enclosed	1/1000
Printing or publishing including engraving or photoengraving	1/400
Sign advertising or billboard (which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot)	none
Sign shop	1/400
Skating rink, commercial	1/400
Tatoo Parlors	1/400
Theater, drive-in	none
Trailer sales or rental (for use with private passenger automobiles)	1/400
Transit vehicle, bus and truck storage, servicing, repairs and sales	1/1000
Warehousing establishment other than accessory to permitted retail use	1/1000
Water distillation	1/1.5 emp
Wholesale establishments of other types, including storage, but excluding processing, manufacturing and like preparation of products for wholesale or retail sale	1/400

(E) Other required conditions.

(1) Site plan. A site plan shall be submitted to and approved by the Building Official for any commercial or multiple-family use or structure within the C-2 District prior to the issuance of a Certificate of Occupancy and Compliance.

(2) Floor area. The total floor area of any building or buildings on a lot in the C-2 District shall not exceed the number of square feet in the lot.

(Ord. 1100 § 7.5, passed 4-3-64; Am. Ord. 1100-LL, passed 9-17-79; Am. Ord. 1100-96-2, passed 6-17-96; Am. Ord. 2004-2040, passed 3-15-04; Am. Res. 2011-2273, passed 12-5-11) Penalty, see § 155.999

§ 155.039 W-1 DISTRICT, WATERFRONT- RESORT.

Waterfront District W-1 consists mainly of areas occupied by or suitable for harbor and marine resort related activities including the storage, transport and handling of goods and materials related to pleasure and charter boats as well as such commercial uses as may have a natural relation to such activities, uses and facilities.

(A) Minimum requirements for lot area, width and setback.

Lot area: 2500 SF

Lot width: 25'

Setback:

Front: 25'

Rear: 10'

Side: 0'

(1) When abutting a Residential District, the side yard setback shall not be less than 10 feet.

(2) When abutting a Residential District, the rear yard setback shall not be less than 20 feet.

(3) Residential development within the W- 1 District. The lot area, lot width, density and setback regulations for residential structures within W-1 District shall be the same as those in the R-3 District.

(B) See § 155.023 for supplementary district regulations and exceptions and parking requirements applying to W-1 District.

(C) See § 155.060 (D) and (E) for temporary use permits that may be granted by the Board of Adjustment, and specific use permits that may be recommended by the City Planning Commission within the W-1 District under certain circumstances and conditions.

(D) Permitted uses and parking regulations.

(1) Parking requirements for permitted uses in the W-1 District shall be the same requirements as for that use in the C-2 District except fishing charter service which shall be based on the licensed boat capacity of each boat as follows:

(a) 9 or less capacity--1/1.5 persons

(b) 10 or more capacity--1/2 persons

(2) In the W-1 District, no land shall be used and no building or other structure shall be erected for or converted to any use other than:

Permitted Uses (W-1)	Parking Ratio
Any use permitted in the R-1, R-2, R-3 or C-1 Districts
Boat; rental, leasing and sale	1/400
Boat; fishing charter
9 or less cap.	1/1.5 persons
10 or more cap.	1/2 persons
Boat & marine related parts; retail and wholesale sales	1/400

Permitted Uses (W-1)	Parking Ratio
Boat repair; pleasure boats including fishing charter and recreational boats	1/400
Boat launching; by specific use permit only
Docking and service facilities, including fueling, for pleasure boats,including fishing charter and recreational boats	1/200

(E) Other required conditions.

(1) Site plan. A site plan shall be submitted to and approved by the Building Official prior to the issuance of a Certificate of Occupancy and Compliance.

(2) Floor area. The total floor area of any building or buildings on a lot in the W-1 District shall not exceed the number of square feet in the lot.

(Ord. 1100-LLL, passed 3-21-83) Penalty, see § 155.999

§ 155.040 W-1R DISTRICT, WATERFRONT SINGLE FAMILY RESIDENTIAL.

Waterfront District W-1R consists of waterfront areas occupied by or suitable for single family dwellings and of open spaces where single-family development appears desirable. In addition to the general purposes applying to all residential districts, the regulations of District W-1R are designed to encourage pleasure boats and recreational boats and including fishing charter for six or less by Specific Use Permit only.

(A) Minimum requirements for lot area, width and setback.

Lot area: 4200 SF

Lot width: 30'

Setback:

Front: 25'

Rear: 10'

Side: 5'

(1) All blocks or lots abutting a waterway, channel or canal within the W-1R District shall establish the front building line as the property line next to the water edge.

(B) See § 155.023 for supplementary district regulations, exceptions and parking requirements applying to the W-1R district.

(C) See § 155.060 (D) and (E) for temporary use permits that may be granted by the Board of Adjustments and specific use permits that may be recommended by the City Planning Commission within the W-1R Districts under certain circumstances and conditions.

(D) Permitted uses and parking requirements.

Permitted Uses	Parking Ratio
Any use permitted in R-1, R-2, District	1/1000 sq. ft.
Docking for pleasure boats and recreational boats	1/200 sq. ft.
Fishing charter for six or less; by specific use permit only	As determined by P. and Z.

(E) Special requirements.

(1) No motor home, travel trailer or camper shall be occupied or used for sleeping quarters. Only one motor home, travel trailer or camper shall be stored or parked on any one lot within the W-1R District which has a dwelling located thereon.

(2) Personal goods and articles, other than cars, boats, lawn furniture and similar items too large to reasonably enclose, shall be stored on the lot in a completely enclosed structure.

(3) A site plan shall be submitted to and approved by the Building Official for any use or structure within the W-1R District prior to the issuance of the Certificate of Occupancy and Compliance.

(4) On any corner lot where the rear fence line and side fence line are adjacent to a street, no fence, structure, tree, shrub or hedge may be maintained within a twenty-five (25') isosceles triangle formed by the lot lines on the corner, as to cause danger to traffic by obstructing the view.

(a) Fence or fencing shall have a maximum height of six feet (6') above natural ground level within the W-1R District.

(F) Height regulations. No building or boat ship (covered) shall exceed 35' or 2 1/2 stories in height.

(G) Projections into required yards. Open and unenclosed building projections such as outside stairways and fire escapes, balconies, terraces or porches, decks, awnings, eave and roof extensions, and ornamental features may project into the required side or rear yards for a distance not to exceed 4 feet. In no case shall such projection be located closer than 3 feet from any lot line.

(1) Special requirements for decks within the W-1R District Waterfront Single Family Residential Area.

(a) Decks may encroach into the required front yard area to the water’s edge or front lot line.

(b) The area above and below decks within the required frontyard shall be open or unenclosed. Eaves or roof extensions shall not exceed 2 feet into the required front yard area.

(Ord. 1100-92-1, passed 6-4-92) Penalty, see § 155.999

§ 155.041 W-2 DISTRICT, WATERFRONT- LIGHT.

Waterfront District W-2 consists of waterfront areas suitable for or occupied by a wide range of retail and wholesale activities relating to port, harbor or marine activities including the manufacture, storage, transport and handling of goods as well as commercial uses as may have a natural relation to such activities, uses and facilities.

(A) Minimum requirements for lot area, width and setback.

Lot area: 2500 SF

Lot width: 25'

Setback:

Front: 25'

Rear: 10'

Side: 1'

(1) When abutting a Residential District, the side yard setback shall not be less than 10 feet.

(2) When abutting a Residential District, the rear yard setback shall not be less than 20 feet.

(3) Residential development within the W- 2 District. The lot area, lot width, density and setback regulations for residential structures within the W-2 District shall be the same as those in the R- 3 District.

(B) See § 155.023 for supplementary district regulations and exceptions and parking requirements applying to the W-2 District.

(C) See § 155.060 (D) and (E) for temporary use permits that may be granted by the Board of Adjustment, and specific use permits that may be recommended by the City Planning Commission within the W-2 District under certain circumstances and conditions.

(D) Permitted uses and parking regulations.

(1) In addition to providing facilities for the loading and unloading of goods, off-street parking shall be provided in the ratios listed below.

(2) In the W-2 District, no land shall be used and no building or other structure shall be erected for or converted to any use other than:

Permitted Uses (W-2)

Parking Ratio

Any use permitted in the R-1, R-2, R-3, C-1, C-2 or W-1 Districts
Barge & boat manufacture and repair	1/400
Boat, charter services
9 or less cap.	1/1.5 persons
10 or more cap.	1/2 persons
Boat; rental, leasing & sale	1/400
Boat & marine related parts; retail and wholesale sales, transportation and handling	1/400
Docking & service facilities for commercial vessels	2/60 linear ft. dock space
Heliports; by Specific use Permit only
Ice; manufacture & sale, transportation & handling	1/400
Marine fueling	none
Marine net; manufacture, repair & sale	1/400