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§ 160.052 ENVIRONMENTAL OVERLAY DISTRICT.
   (A)   Purpose. The development standards for these zoning districts are modified to reduce development density to enhance the environment, provide more setback area, and to serve as a buffer for compatibility between the commercial zoning districts allowed and environmental sensitive areas. This will require a rezoning public hearing with the Planning Board’s review of the proposed development to determine compliance of the performance standards for adherence to environmental sensitivity and land use appropriateness.
   (B)   Principal uses. The zoning districts that are allowed in this area are: D, D-1, E-3, E-4, G-2, O, OP, P-I and SP Site Plan. The more stringent of the Environmental Overlay Gateway District provisions or actual shall apply.
   (C)   Accessory uses. Reference existing text for all districts allowed in the Environmental Overlay District.
   (D)   Area and height requirements.
 
Maximum coverage by structure, driveways and parking
60%
Maximum coverage by structure on the lot
40%
Minimum distance between detached structure
15 feet
Minimum front yard setback
40 feet
Minimum lot area
None
Minimum rear yard setback
25 feet or equal to height of building facing the rear yard or whichever is greater
Minimum side yard setback
25 feet or equal to height of building facing the side yard or whichever is greater
 
   (E)   Parking. Parking shall be in accordance with established provisions of § 160.081 of this chapter.
   (F)   Screening. Screening shall be in accordance with § 160.084 of this chapter.
   (G)   Landscaping. Landscaping shall be at 20% of developed site and in accordance with landscaping provisions established in § 160.088 of this chapter.
(1998 Code, App. A, § 40-51) (Ord. 01-38, passed 9-19-2001)
§ 160.053 DEVELOPMENT PLAN.
   (A)   Development plan approval by the Planning Board shall be required prior to the issuance of a building permit for the following types of development:
      (1)   Development in non-residential zoning classifications;
      (2)   Development in planned unit developments (PUD), excluding areas of planned developments devoted exclusively to single-family, single-family attached or duplex dwellings;
      (3)   Development in the S-P Site Plan District, excluding uses devoted exclusively to single-family, single-family attached or duplex dwellings;
      (4)   Townhouse or multi-family dwellings;
      (5)   Schools, elementary or secondary;
      (6)   Mobile home or recreational vehicle park; and
      (7)   Recreational and entertainment uses.
   (B)   Approval of a development plan by the Planning Board shall be required when the development plan is in conjunction with a request for a zoning change excluding uses devoted exclusively to single-family, single-family attached or duplex dwellings.
   (C)   Formal application and the required information for a development plan shall be made to the City Planner by the applicant on forms prescribed by the city.
   (D)   (1)   When a development plan application has been reviewed and determined to be in conformance with all applicable provisions of the zoning ordinance and subdivision ordinance by the City Planner, it shall be placed on the agenda for the next available regular Planning Board meeting.
      (2)   If an application is submitted in conjunction with zoning change request, the development plan will be submitted to the Zoning Commission for a recommendation from that body.
      (3)   The Planning Board consideration shall include the following:
         (a)   Conformance with planning guidelines set forth in the Comprehensive Plan, if applicable;
         (b)   Paving and layout of streets, alleys and sidewalks;
         (c)   Means of ingress and egress;
         (d)   Provisions for drainage;
         (e)   Provisions for off-street parking;
         (f)   Provisions for protective screening and open spaces;
         (g)   The impact of noise;
         (h)   The impact of glare from stationary and vehicular lights;
         (i)   Provisions for areas designated for landscaping; and
         (j)   Other aspects deemed by the Planning Board necessary to consider in the interest of promoting the public health, safety, order, convenience, prosperity and general welfare.
      (4)   In the approval or disapproval of the development plan, the Planning Board shall not be authorized to waive or vary conditions and requirements contained in the zoning ordinance or subdivision ordinance.
      (5)   Any development plan application denied by the Planning Board may be appealed to the City Commission.
   (E)   Building permits to be in conformance with development plan. It shall be unlawful to issue a building permit for any development for which a development plan is required pursuant to this chapter prior to the approval of a development plan. No building permit shall be issued except in conformity with the approved development plan or in accordance with authorized minor changes.
   (F)   Subsequent to approval of a development plan, minor changes may be authorized by the City Planner when such minor changes will not cause any of the following circumstances to occur:
      (1)   A change in the character of the development;
      (2)   A change in the primary use of the development;
      (3)   An increase in the intensity, floor area ratio, height or site coverage of the development;
      (4)   An increase in the traffic generated by the use;
      (5)   A reduction in the originally approved setbacks from property lines;
      (6)   An increase in the problems of off-street parking, circulation, safety and utilities;
      (7)   A change in the subject size, lighting or orientation of originally approved signs; or
      (8)   A decrease in the percentage of landscaping required.
(1998 Code, App. A, § 40-52) (Ord. 08-40, passed 10-15-2008)
§ 160.054 SIXTH STREET REVITALIZATION DISTRICT.
   (A)   Purpose. This district is intended to actively promote the redevelopment of a portion of 6th Street as the city realizes the economic impact and importance of this area. The concept is to redevelop the street into an entertainment/retail district with proposed developments adhering to the following general guidelines:
      (1)   Generate pedestrian traffic.
      (2)   Promote, create, and assist in the development of activities and businesses that generate patrons and customers through stop-in activities, not so much drive-thru or drive-by activities/businesses.
      (3)   Promote, create, assist, and develop activities and businesses that are open after 6:00 p.m.
      (4)   Promote activities and businesses that are family-friendly, serve local residents, promote tourism, and/or serve out-of-town visitors.
      (5)   Encourage growth of current businesses.
      (6)   Revitalize activities and businesses and redevelop vacant buildings or land.
      (7)   Eradicate eyesores, dilapidated structures, crime.
      (8)   Promote, attract, and assist in the creation and develop of cottage industries.
   (B)   Principal uses. 
      (1)   The types of activities and businesses that would be considered appropriate for the district are as follows:
         (a)   Bakery.
         (b)   Bar and grill, wine bar.
         (c)   Restaurant, café (full service).
         (d)   Florist.
         (e)   Antique or resale shops.
         (f)   Art galleries.
         (g)   Automotive services ( inside only).
         (h)   Sporting goods store.
         (i)   Texas City Dike recreation related activities.
         (j)   Drug store, pharmacy.
         (k)   Tourist destination activities.
         (l)   Toy store.
         (m)   Cottage industries.
         (n)   Upstairs offices and residential uses are encouraged as an accessory use.
      (2)   This is not an exhaustive list of allowed uses. It is the intent of this district to not overpopulate with any single activity or business. Concentrations of the same activities/businesses need to be carefully considered to insure district becomes a diverse, mixed-use, multi-purpose district.
   (C)   Procedure. The steps necessary to request approval of a certificate of occupancy or a building permit within this district shall be as follows:
      (1)   Pre-application conference between the applicant and the Director of Transportation and Planning. At this conference, applicant will be required to describe, in detail, the intended occupancy and use of the facility and describe any needed building or site improvements.
      (2)   Submission of a formal application for use and occupancy of an existing building, and detailed plans for building or site improvements. This formal application will be presented to the Planning Board for a final decision to:
         (a)   Approve the application;
         (b)   Approve the application with conditions; or
         (c)   Deny the application.
   (Ord. 13-44, passed 9-18-2013)
“GWY” GATEWAY OVERLAY DISTRICT
§ 160.065 INTENT AND PURPOSE.
   (A)   The “GWY” Gateway Overlay District shall function as an overlay zoning district. The “GWY” requirements shall supersede the regulations of the underlying zoning district where such district’s regulations are in conflict with the provisions of this chapter. All regulations of the underlying zoning district shall be in effect except as identified in the “GWY” Gateway Overlay District regulations.
   (B)   The purpose of the “GWY” Gateway Overlay District is to enhance the aesthetic and visual character of gateways into the city that are adjacent to regional highways. It is intended to ensure that land development adjacent to gateways occurs in a manner that is compatible with the use of the transportation corridor, while minimizing traffic hazards and congestion at key focal points of the community.
(1998 Code, App. A, § 40-90) (Ord. 99-42, passed 8-18-1999)
§ 160.066 PRINCIPAL AND ACCESSORY USES.
   No land shall be used and no structure shall be erected for, converted to or used for any principal or accessory use other than such uses as are allowed in the underlying zoning district(s).
(1998 Code, App. A, § 40-91) (Ord. 99-42, passed 8-18-1999)
§ 160.067 SCREENING REQUIREMENTS.
   (A)   Screening wall. Screening walls applicable to the separation of land uses, screening of satellite television reception dishes, trash receptacles and other items shall be provided in accordance with the requirements of the underlying zoning district, except as otherwise provided herein.
      (1)   Outside storage shall be screened on all sides by a solid, opaque brick or stone wall of not less than six feet in height measured at the highest finished grade, constructed in accordance with the general design standards of the city.
      (2)   Trash receptacles shall be visually screened on three sides by a solid, brick or stone wall not less than six feet in height, measured at the highest finished grade. The height of the trash receptacle shall not be permitted to exceed the height of the visual screening device. Screening shall not be required on the side used for access by garbage pickup services. Such side shall not face less than 45 degrees from any adjacent street. Trash receptacles already enclosed by a solid, brick or stone wall of at least six feet in height measured at the highest finished grade shall not be required to provide additional screening.
      (3)   Any fencing in the Gateway Corridor, required or otherwise, shall be a solid, brick or stone wall of not less than six feet in height, measured at the highest finished grade.
   (B)   Rooftop screening. Roof-mounted equipment, including, but not limited to, storage tanks, compressor units, vent stacks greater than four inches in diameter, and elevator machinery, shall be integrated into the building design and screened from the view from adjacent streets and public facilities. Rooftop screening shall use building materials similar to the facade of the building on which such items are located, to create a smooth, clean, integrated appearance. For purposes of this section, a highway frontage road shall be designated as an adjacent street.
(1998 Code, App. A, § 40-92) (Ord. 99-42, passed 8-18-1999; Ord. 08-48, passed 12-3-2008)
§ 160.068 MISCELLANEOUS REQUIREMENTS.
   (A)   Outside display or storage. All areas utilized for outside display or storage in conjunction with sales or rental of motor vehicles, mobile homes, trailers or boats, regardless of whether such areas are screened from public view, shall have a concrete or city-approved surface, constructed in accordance with the standards prescribed by the city.
   (B)   Utilities.
      (1)   All utilities located within 200 feet of the front property line, which will serve any lot or parcel, shall be installed underground, except for any transmission lines or feeder lines, either existing or proposed; provided that, such transmission or feeder lines shall be located within a designated paved easement or alleyway provided by the property owner.
      (2)   Nothing set forth herein shall prohibit or restrict any utility company from recovering the difference between the cost of overhead facilities and underground facilities. Each utility whose facilities are subject to the provisions of this chapter shall develop policies and cost reimbursement procedures with respect to the installation and extension of underground service.
   (C)   Landscaping. Landscaping shall be a minimum of 15% provided of the total land area of any property, in accordance with § 160.088 of this chapter.
   (D)   Masonry content. One- or two-story structures, regardless of structure height, shall meet the following minimum masonry requirements. Buildings shall have the following minimum masonry requirement: 100% of the total exterior walls, front and side walls, which may be seen from any public thoroughfare, excluding doors, windows and window walls, shall be constructed of brick, stone, masonry or pre-cast concrete panels.
   (E)   Setback. To provide adequate protection of the aesthetic and visual character of the gateways, a minimum setback of 40 feet of all buildings, accessory buildings and structures from the property boundary which is adjacent to a public thoroughfare shall be required. The minimum setback requirement shall be reduced to a setback of 25 feet if parking is prohibited within said setback area.
(1998 Code, App. A, § 40-93) (Ord. 99-42, passed 8-18-1999)
§ 160.069 LOCATION OF THE GATEWAY OVERLAY DISTRICT.
   (A)   The location of the Gateway Overlay District, also known as the Gateway Corridor, shall consist of all portions of properties adjacent and within 300 feet of the following thoroughfares:
      (1)   I-45 - Dickinson Bayou to FM 1765;
      (2)   FM 1765 - I-45 to Bay Street;
      (3)   6th Street - Texas Avenue to 19th Ave. N;
      (4)   Loop 197 North - Highway 146 to 19th Avenue N;
      (5)   Highway 146 - FM 1764 to Moses Bayou;
      (6)   FM 646 (From West City Limits to Highway 146);
      (7)   Highway 146 (From Dickinson Bayou to north city limit line);
      (8)   Century Boulevard from I-45 to Highway 3;
      (9)   FM 517 from Highway 146 to Gum Bayou;
      (10)   25th Avenue North from Amburn Road to Highway 146;
      (11)   FM 2004 from I-45 to Highway 3;
      (12)   Highway 3 from FM 1765 to north city limit line;
      (13)   FM 1764 from I-45 to 6th Street; and
      (14)   FM 3436 from SH 646 south to FM 517.
   (B)   These are as shown on the Official Zoning Map on file in City Planner’s office.
(1998 Code, App. A, § 40-94) (Ord. 06-21, passed 6-7-2006; Ord. 06-36, passed 10-4-2006; Ord. 08-17, passed 5-7-2008)
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