§ 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;
         (c)   Landscaping and/or walls and fences for screening purposes; and
         (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.
         (c)   It shall have a front sidewalk single picket fence door opening of three feet.
         (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)