(a)

Purpose: To secure safety from fire, panic, and other dangers; to lessen congestion on public streets; to facilitate the adequate provision of transportation; to conserve the value of buildings; and to encourage the most appropriate and efficient use of land. Minimum off-street parking and loading shall be provided as set forth in the following schedules and provisions.

(b)

Residential districts—Special off-street parking provisions:

(1)

Required off-street parking shall be provided on the same lot/site as the use it is to serve.

(2)

All required vehicle parking shall be on a paved parking surface. All driveways and approaches to parking spaces shall be similarly paved, except in the OS-1 and AG districts.

(c)

Nonresidential and MF districts—Special off-street parking provisions:

(1)

To prevent nuisance situations, all parking area lighting shall be designed and operated so as not to reflect or shine on adjacent properties and in accordance with the standards established in section 28-107.

(2)

For safety and firefighting purposes, free access through to adjacent nonresidential parking areas shall be provided in accordance with subsection 28-101(j) (fire lanes).

(3)

All off-street parking, maneuvering, loading and storage areas shall be paved with paving in accordance with the city's parking lot paving requirements (no parking shall be permitted on grass, within landscaped areas, or on other unimproved surfaces). All driveway approaches shall be of reinforced concrete as described above, and shall be curbed to city standards. No paved parking space or area shall be designed such that a vehicle has to back up into a public street or across a public sidewalk, except for single- and two-family dwellings, which shall not be allowed to egress onto roadways that are larger than a residential collector (60 feet right-of-way) street unless specifically permitted on the approved site plan.

Parking spaces shall be permanently and clearly identified by stripes, buttons, tiles, curbs, barriers, or other approved methods. Nonpermanent type marking, such as paint, shall be regularly maintained to ensure continuous clear identification of the space.

(4)

Each standard off-street surface parking space size shall be in accordance with the design standards as shown on illustrations 11 through 15 for space size and design. Specific parking space sizes, exclusive of aisles, driveways and maneuvering areas shall be in accordance with the following minimum sizes:

a.

Standard: Nine feet by 20 feet - 18-foot length is allowed, provided that the parking space has a two-foot clear bumper overhang area that does not encroach upon a public right-of-way, a sidewalk of less than six feet in width, or adjacent property.

b.

Parallel: Eight feet by 22 feet.

(5)

All parking and loading spaces, and vehicle sales areas on private property shall have a vehicle stopping device (e.g., curb, wheel stop, etc.) installed so as to prevent parking of motor vehicles in any required landscaped areas, to prevent vehicles from hitting buildings, to protect public and/or private utility structures/facilities, and to prevent parked vehicles from overhanging a public right-of-way line, public sidewalk, or adjacent private property. An extra-wide walkway on private property may be permitted so as to allow encroachment of vehicle overhang while maintaining an unobstructed four-foot minimum walkway width. Parking shall not be permitted to encroach upon the public right-of-way in any case. All vehicle maneuvering shall take place on-site. No public right-of-way shall be used for backing or maneuvering into or from a parking space (except business locations in the downtown area that are already in existence as of the effective date of this chapter), or for circulation within the parking lot. All entrances into parking lots shall be at least 24 feet in width, and shall conform to the city's adopted subdivision regulations.

(6)

In all nonresidential and multifamily zoning districts, the perimeter of all parking lots and driveways shall be provided with concrete curbs.

(7)

Refuse storage facilities placed in a parking lot shall not be located in a designated parking or loading space. Each refuse facility shall be located so as to facilitate pickup by refuse collection agencies and ease of egress from the site without having to back up further than 20 feet and without having to go the wrong way in a traffic aisle.

(8)

Parking space(s) for persons with disabilities and other associated provisions (e.g., clear and unobstructed pathways into building, crosswalks across parking lots, etc.) shall be provided according to building codes, State laws, and requirements of the Americans with Disabilities Act (ADA). Parking spaces for persons with disabilities shall be as close as possible to the main entrance of the building, and shall be appropriately and clearly marked.

(9)

In all nonresidential and multifamily zoning categories, designated parking and loading areas shall not be used for the repair, storage, dismantling or servicing (except for normal maintenance of a private vehicle) of vehicles or equipment, or for the storage of materials or supplies, or for any other use in conflict with the designated parking and loading areas (i.e., advertising or open storage of raw materials).

(10)

To ensure that all requirements set forth in this section are carried forward, it will be the responsibility of the owner of the parking area to adequately maintain the facility. All off-street parking areas shall be kept free of trash, debris, vehicle repair operation or display and advertising uses.

(11)

Off-street stacking requirements for drive-through facilities:

a.

A stacking space shall be an area on a site measuring at least eight feet wide by 20 feet long with direct forward access to a service window or station of a drive-through facility which does not constitute space for any other circulation driveway, parking space, or maneuvering area. An escape lane, of at least eight feet in width and with negotiable geometric design, must be provided to allow vehicles to get out of stacking lane in the event of a stalled vehicle, emergency, accidental entry, etc.

b.

For financial institutions with drive-through facilities, each teller window or station, human or mechanical, shall be provided with a minimum of five stacking spaces. One escape lane shall be provided.

c.

For each service window of a drive-through restaurant, a minimum of five spaces shall be provided for the first vehicle stop (usually the menu/order board), and two spaces shall be provided for each additional vehicle stop (order/pick-up windows, etc.). One escape lane shall be provided from the beginning of the stacking lane to the first stop (e.g., menu/order board).

d.

For retail operations (other than restaurants, banks, etc.) and kiosks that provide drive-up service (e.g., pharmacy, dry cleaners, etc.), a minimum of three stacking spaces for each service window shall be provided.

e.

For a full-service car wash, each vacuum or gas pump lane shall be provided with a minimum of four stacking spaces. For the finish/drying area, adequate vehicle stacking and storage space must be provided to keep finished vehicles out of circulation aisles, access easements, fire lanes, streets, etc.

f.

For each automated self-service (drive-through/rollover) car wash bay, a minimum of three stacking spaces, in addition to the wash bay itself, shall be provided. One additional stacking space shall be provided at the exit end of each wash bay for window-drying and other detailing.

g.

For each wand-type self-service (open) car wash bay, a minimum of two stacking spaces, in addition to the wash bay itself, shall be provided. One additional stacking space shall be provided at the exit end of each wash bay for window-drying and other detailing, unless a separate area/shade structure is provided (outside of circulation aisles) for these activities.

h.

For automobile quick-lube type facilities, a minimum of three stacking spaces shall be provided for each service bay in addition to the service bay itself.

(12)

Dead-end parking areas shall be avoided if possible. If dead-end parking is necessary, then it shall be designed such that it is no more than three parking spaces deep unless adequate turnaround space is provided. A minimum five-foot deep hammerhead back-up space shall be provided at the end of any dead-end parking area.

(13)

All parking structures must conform to the development and design standards of the zoning district in which they are located.

(d)

Off-street loading space—All districts:

(1)

All retail and similar nonresidential structures shall provide and maintain off-street facilities for receiving and loading merchandise, supplies and materials within a building or on the lot or tract. All drives and approaches shall provide adequate space and clearances to allow for the maneuvering of trucks off-street. Each site shall provide a designated on-site maneuvering area for trucks (see illustrations 2 and 20). Such off-street loading space may be adjacent to (but not any portion of) a public alley or private service drive, or it may consist of a truck berth within the structure. The minimum dimensions of a "regular" loading space shall be ten feet by 30 feet, and a "large" loading space shall be at least ten feet by 65 feet. Loading spaces or berths shall be provided in accordance with the following schedule:

(a)

Office uses, or portion(s) of building devoted to office uses:

(b)

Retail/commercial and restaurant uses, or portion(s) of building devoted to retail/commercial and restaurant uses:

(2)

In all nonresidential zoning districts, loading docks or service/delivery entrances shall not be constructed facing any public street (except for large industrial uses; see subsection (2)a. below), and shall not be visible from any public street. Such loading areas shall be screened from view of any public street by the building itself, or by a masonry screening wing wall at least 12 feet in height with large evergreen trees and shrubs planted in front of it such that limited portions of the wing wall will be visible when the trees and shrubs are mature. Such masonry wing wall shall match the exterior construction materials and colors of the main building, and shall be located no closer than 100 feet to any public street right-of-way line (see illustration 20).

a.

For large industrial or warehouse uses in the LI zoning district only, the loading docks may face a public street, and shall not be required to provide a masonry screening wing wall, provided that a minimum 30-foot wide landscape buffer area is provided adjacent to the street right-of-way line. One large shade trees shall be provided within the landscape buffer area for every 20 feet of street frontage, or one small ornamental tree shall be provided for every 12 feet of street frontage (or some combination thereof). In addition, a solid massing of large evergreen shrubs and three- to four-foot tall berms shall be provided to further screen loading area from view of the street (see illustration 21).

(3)

Loading docks for any establishment which customarily receives goods between the hours of 9:00 p.m. and 8:00 a.m. and is adjacent to a residential district shall be designed and constructed so as to enclose the loading operation on at least three sides in order to reduce the effects of the noise of the operation on adjacent residences. Other screening/buffering alternatives may be approved on the required plan (i.e., concept plan, site plan) provided that the approving authority (i.e., city staff, city council) makes a finding that the alternative method of screening/buffering will be adequate to protect nearby residences.

(4)

Kindergartens, elementary schools, day schools, and similar child training and care establishments, and middle schools shall provide one paved off-street pedestrian loading and unloading space (i.e., stacking spaces) for an automobile on a through, "circular" drive for each ten students cared for (excluding child care in a residence), not to exceed 30 spaces. An additional lane shall also be required to allow pass-by or through traffic to move while automobiles waiting or parked to pick up children occupy loading/unloading areas. This standard shall be in addition to other off-street parking requirements.

(5)

Loading spaces that are adjacent and easily accessible to several buildings or uses, including buildings and uses on separate lots, shall be allowed to satisfy the loading requirements for the individual buildings or uses, provided that: 1) the number of spaces satisfies the requirements for the combined square footages for the buildings or uses in question, and 2) for loading spaces to be shared among separate lots, they must be in reasonably close proximity to all potential users and an agreement granting mutual use by the owners of each building shall be executed and provided to the city (for file).

(e)

Parking access from a public street—All districts:

(1)

In the approval of the applicable required plan (i.e., concept plan, site plan), design consideration shall be given to providing entrance/exit drives that extend into the site to provide adequate queuing of vehicles on the site.

(2)

In all districts (except single-family and duplex zoning districts), the applicable required plan shall provide for entrance/exit drive(s) appropriately designed and located to minimize traffic congestion or conflict within the site and with adjoining public streets. Based upon analysis by the city, if projected volumes of traffic entering or leaving a development are likely to interfere with the projected peak traffic flow volumes on adjoining streets, additional right-of-way and paving in the form of a deceleration lane, a turn lane, or other roadway improvements may be required of a developer in order to reduce such interference and to help ensure traffic safety and efficiency. The dedication of additional right-of-way or street paving may also be required, and shall be determined at the time of site plan and final plat approval.

(3)

Vehicular access to nonresidential uses shall not be permitted from alleys serving residential areas, and shall not be configured as "head-in" parking spaces which are accessed directly from the street.

(4)

Parking space configuration, location, arrangement, size and circulation in all districts shall be constructed according to illustrations 11 through 15.

(5)

Individual residential driveways having direct access (i.e., be placed directly) onto any existing or future major or minor arterial shall be prohibited.

(f)

Parking requirements based upon use:

(1)

In all districts, there shall be provided at the time any building or structure is erected or structurally altered, or change of use, off-street parking spaces in accordance with the following requirements:

a.

Automobile parts sales (indoors): One space per 500 square feet of indoor floor area, plus one space for each 2,000 square feet of outside sales area.

b.

Automobile sales or service: See motor-vehicle sales.

c.

Bank, savings and loan, or similar institution: One space per 250 square feet of gross floor area in addition to required stacking spaces (see subsection 28-101(c)(11)).

d.

Bed and breakfast facility: One space per guest room in addition to the requirements for a normal residential use.

e.

Bowling alley or center: Six parking spaces for each alley or lane.

f.

Business or professional office (general): One space per 300 square feet of gross floor area, except as otherwise specified herein.

g.

Car wash (self-serve): One space per washing bay or stall in addition to the washing areas/stalls themselves and required stacking spaces; car wash (full service): One space per 150 square feet of floor area in addition to the required stacking spaces (also see subsection 28-101(c)(11)).

h.

Church, rectory, or other place of worship: One parking space for each three seats in the main auditorium/sanctuary (see subsection 28-101(g)(2)).

i.

Commercial amusement (indoor): One space per 100 square feet of gross floor area, or as follows:

1.

Racquetball or handball courts: Three spaces for each court.

2.

Indoor tennis courts: Six spaces for each court.

3.

Gymnasium, skating rinks, and martial arts schools: One space for each three seats at a maximum seating capacity (based upon maximum occupancy), plus one space for each 200 square feet.

4.

Swimming pool: One space for each 100 square feet of gross water surface and deck area.

5.

Weight lifting or exercise areas: One space for each 100 square feet.

6.

Indoor jogging or running tracks: One space for each 100 linear feet.

7.

Motion picture theaters (which do not include live performances): a) one space per three and one-half seats for single-screen theaters; b) one space per five seats for motion picture theaters with two or more screens (see subsection 28-101(g)(2)).

8.

Amusement center: One space for each game table and one space for each amusement device.

9.

All areas for subsidiary uses not listed above or in other parts of this section (such as restaurants, office, etc.), shall be calculated in with the minimum specified for those individual uses.

j.

Commercial amusement (outdoor): Ten spaces plus one space for each 500 square feet over 5,000 square feet of building and recreational area.

k.

Commercial use: One space per 250 square feet of floor area.

l.

Community center, library, museum or art gallery: Ten parking spaces plus one additional space for each 300 square feet of floor area in excess of 2,000 square feet. If an auditorium is included as a part of the building, its floor area shall be deducted from the total and additional parking provided on the basis of one space for each four seats that it contains (see subsection 28-101(g)(2)).

m.

Convenience store (with gasoline pumps): One space per 200 square feet of floor area, plus one parking space for each side of a gasoline pump unit (a unit may have up to six nozzles for gasoline disbursement). Spaces within pump areas qualify as spaces for the parking requirement. If no gasoline sales are provided, then the parking requirements shall be the same as for a retail store. Adequate space shall be provided for waiting, stacking, and maneuvering automobiles for refueling.

n.

Dance/aerobics studio or assembly/exhibition hall without fixed seats: One parking space for each 100 square feet of floor area thereof.

o.

Day nursery, day care center, pre-school or pre-kindergarten: One space per ten pupils (based upon maximum occupancy and/or licensing capacity), plus one space per classroom and/or office, plus one space for each bus or van stored on the property (and sized to accommodate the vehicle); also see stacking requirements in subsection 28-101(d)(4).

p.

Defensive driving school/class: One space for each classroom seat (see subsection 28-101(g)(2)).

q.

Fast-food or drive-in restaurant: One parking space per 100 square feet of gross floor area (including indoor/outdoor play areas and patio dining areas), or one space for every three seats under maximum seating arrangement (i.e., occupancy), whichever is greater; required parking spaces are in addition to any stacking spaces that may be needed/provided for drive-through or drive-in facilities (see subsection 28-101(c)(11)).

r.

Furniture or appliance store, hardware store, wholesale establishments, clothing or shoe repair or service: Two parking spaces plus one additional parking space for each 300 square feet of floor area over 1,000 square feet.

s.

Gasoline station: One space per 200 square feet of floor area, plus one space for each side of a gasoline pump unit (a unit may have up to six nozzles for gasoline disbursement). Spaces within pump areas qualify as spaces for the parking requirement. Adequate space shall be provided for waiting, stacking, and maneuvering automobiles for refueling.

t.

Golf course: Four parking spaces per hole or green plus requirements for retail, office, and club house areas.

u.

Golf driving range: One and one-half spaces for each driving tee.

v.

Health club, health spa or exercise club: One space per 150 square feet of floor area.

w.

Hospital: One space for each bed based on full occupancy.

x.

Hotel or motel: One space per guest room for the first 250 rooms and .75 space per room for each room over 250, plus one space per five restaurant/lounge area seats (based upon maximum occupancy), plus one space per 125 square feet of meeting/conference areas, plus the following:

1.

One and one-tenth spaces for any guest room containing kitchenette facilities; and

2.

Two spaces for any guest room provided with full kitchen facilities.

y.

Institutions of a philanthropic nature: One space per 200 square feet.

z.

Library or museum: Ten spaces plus one space for every 300 square feet.

aa.

Lodge or fraternal organization: One space per 200 square feet.

bb.

Lumber yard/home improvement center: One space per 400 square feet display area, plus one space per 1,000 square feet of warehouse.

cc.

Manufactured home or manufactured home park: Two spaces for each manufactured home unit, plus visitor/supplemental parking in accordance with section 28-54, plus additional spaces as required herein for accessory uses.

dd.

Medical or dental office: One space per 150 square feet of floor area. Facilities over 20,000 square feet shall use the parking standards set forth for hospitals.

ee.

Mini-warehouse: Four spaces per establishment, plus two spaces for an on-site manager's residence (if applicable), plus one appropriately sized space for any type of vehicle to be stored on-site (e.g., rental trucks, boats, RVs, etc.).

ff.

Mortuary or funeral home: One parking space for each 200 square feet of floor space in slumber rooms, parlors or individual funeral service rooms, or one space for each three seats in the auditorium/sanctuary (see subsection 28-101(g)(2)), whichever is greater. Adequate on-site stacking spaces shall also be provided for the organization and forming of processions such that these activities do not cause excessive or extended traffic congestion/delays on a public roadway.

gg.

Motor-vehicle sales and new or used car lots: One parking space for each 500 square feet of sales floor/office and other indoor uses, plus one parking space for each 1,000 square feet of exterior lot area used for storage, sales and parking areas, plus one parking space per repair bay in service areas (indoors or outdoors), plus one parking space per service/towing vehicle to be stored on-site (required parking spaces are in addition to those to be used for the storage/display of vehicles for sale/lease).

hh.

Nursing home, convalescent home, or home for the aged: One space per six beds; plus one parking space for each 300 square feet of floor area devoted to offices, cafeterias, exercise/therapeutic rooms, and other similar ancillary uses.

ii.

Office (administrative or professional): One space for each 300 square feet of floor area.

jj.

Outdoor display: One space for each 600 square feet of open sales/display area.

kk.

Pawn shop: One space for each 200 square feet of floor area.

ll.

Places of public assembly not listed: One space for each three seats provided (see subsection 28-101(g)(2)).

mm.

Real estate office: One space for each 200 square feet.

nn.

Restaurant, cafe or similar food service establishment: One parking space for each 100 square feet of gross floor area (including indoor/outdoor play areas and patio dining areas), or one space for every three seats under maximum seating arrangement (i.e., occupancy), whichever is greater; required parking spaces are in addition to any stacking spaces that may be needed/provided for drive-through or drive-in facilities (see subsection 28-101(c)(11)).

oo.

Retail or personal service establishment, except as otherwise specified herein: One space per 200 square feet of gross floor area in addition to any required stacking spaces for drive-through facilities (see subsection 28-101(c)(11)).

pp.

Retirement housing for the elderly (independent living): One and one-half spaces for each dwelling unit, plus any additional spaces for accessory retail, office, service or recreational uses.

qq.

Rooming or boarding house, or group quarters: One parking space for each sleeping room at full occupancy, plus one parking space for each host resident or employee during maximum (i.e., peak) shift.

rr.

School, elementary (grades K—6): One parking space for each 15 students (design capacity), plus one large parking space for each bus to be parked on-site for any length of time other than student pick-up/drop-off. Also see subsection 28-101(d)(4).

ss.

School, secondary or middle (grades 7—8): One parking space for each 12 students (design capacity). Also see subsection 28-101(d)(4).

tt.

School, high school (grades 9—12): One space for each three students, faculty and staff (design capacity). Also see subsection 28-101(d)(4).

uu.

Storage or warehousing, and light manufacturing: One space for each 1,000 square feet of total floor area, whichever is greater.

vv.

Technical school, college, junior college or university: One space per three students, based upon maximum enrollment or design capacity, whichever is greater.

ww.

Telemarketing: One space for each 250 square feet of floor space.

xx.

Terminal facilities, truck terminals, bus depots, and other similar transportation uses: One space for each 1,000 square feet of floor area, whichever is greater; for bus depot or other human transportation use, one space per 100 square feet of passenger waiting area.

yy.

Theater, indoor or outdoor (live performances), sports arena, stadium, gymnasium or auditorium (except school auditorium): One parking space for each three seats or bench seating spaces (see subsection 28-101(g)(2)).

zz.

Veterinarian clinic: One space per 300 square feet of gross floor space.

aaa.

Wholesale distribution uses: One space for each 1,000 square feet of total floor area, whichever is greater

(g)

Rules for computing number of parking spaces and miscellaneous off-street parking requirements:

In computing the number of parking spaces required for each of the above uses, the following rules shall govern:

(1)

"Floor area" shall mean the gross floor area of the specific use.

(2)

"Seat" shall be interpreted as follows:

a.

For fixed (e.g., church pews, grandstands, benches, etc.) seating, one seat equals 1.75 feet of length; and

b.

For flexible (e.g., folding chairs, etc.) seating areas, one seat equals eight square feet of floor area occupied by such seating area (includes aisles).

(3)

Where fractional spaces result, the parking spaces required shall be construed to be the next higher whole number.

(4)

The parking space requirements for a new or unlisted use not specifically mentioned herein shall be the same as required for a use of similar nature. If the proposed use is not similar to any of the uses listed herein, a determination shall be recommended by the planning and zoning commission, and shall be made/approved by the city council, in conjunction with the request for classification of the new or unlisted use, as provided in subsection 28-81(a)(4).

(5)

Whenever a building or use is changed or enlarged in floor area, number of dwelling units, seating capacity or otherwise, to create a need for an increase of ten percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. If a building or use that was in existence prior to the effective date of this chapter is enlarged by more than 50 percent in floor area, number of dwelling units, seating capacity or otherwise, then said building or use shall be required to conform with the parking requirements herein for the entire building or use.

(6)

For buildings which have a combination of uses within the same structure or on the same premises (such as retail or office), the off-street parking requirement shall be calculated as the summation of the parking requirements for each use, and no parking space for one particular use shall be allowed to count toward the parking requirement for some other use on the premises except in the case of a shared parking arrangement (see subsection (7) below).

(7)

Shared parking may be allowed in the case of mixed uses (different buildings) under the following conditions: Up to 50 percent of the parking spaces required for a theater or other place of evening entertainment (after 6:00 p.m.), or for a church, may be provided and used jointly by banks, offices, and similar uses not normally open, used, or operated during evening hours. Shared parking must be on the same parking lot. Reduction due to shared parking shall only be allowed if approved on the applicable required plan (i.e., concept plan, site plan). To assure retention of the shared parking spaces, each property owner shall properly draw and execute an irrevocable mutual parking agreement document expressing the same, shall file this agreement with the county, and shall provide a copy of the filed agreement to the City of Angleton prior to issuance of a certificate of occupancy for any use that relies upon the parking agreement.

(h)

Location of parking spaces: All parking spaces required herein shall be located on the same lot of the building or use served, except as follows:

(1)

Where an increase in the number of spaces is required by a change or enlargement of an existing use, or where such spaces are provided collectively or used jointly by two or more existing buildings or establishments, the required additional spaces may be located not to exceed 300 feet from any nonresidential lot served.

(2)

In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, approval on the applicable required plan (i.e., concept plan, site plan) is required according to the following criteria:

a.

Off-site parking may be permitted on an immediately contiguous lot or tract, or on a lot or tract within 100 feet of such building or structure providing:

1.

That a permanent, irrevocable easement of the parking facilities in favor of the premises to be benefited shall be dedicated and recorded as a condition of such use; or

2.

That a long-term remote parking lease agreement be provided upon approval by the city as a condition of such use.

(i)

Use of required parking spaces, nonresidential districts:

(1)

Off-street parking and loading spaces shall be used only for these respective purposes and shall not be used for refuse containers, cart corrals, recycling kiosks, signs or sign support structures, telecommunications towers or support structures, storage or permanent display of boats, trailers, campers, motor vehicles or other goods, materials, or products for sale/lease/rent.

(j)

Fire lanes:

(1)

Fire lanes shall be provided in all multifamily (and in some single-family attached), manufactured home, and nonresidential developments, as required by the adopted fire code of the city (also see the subdivision ordinance for certain fire lane regulations). Fire lanes shall be constructed in accordance with the City of Angleton Technical Construction Standards and Specifications at a minimum width of 24 feet of paving, and shall have a minimum inside turning radius at curves of 20 feet, or as required by the fire code and/or the Fire Chief of the City of Angleton. The minimum overhead vertical clearance over fire lanes shall be 14 feet for a linear distance of 50 feet on each side (i.e., in front of and behind, as a fire apparatus would traverse underneath) of any overhead structure (e.g., canopy, roof overhang, vertical height control device, etc.).

(k)

Special regulations for special motor vehicles (including RVs):

(1)

See subsection 28-110(f).

(Ord. No. 2009-O-4A, §§ (V)(38)(38.1—38.11), 4-14-09)

(a)

Applicability. The City of Angleton parking lot paving requirements shall apply to all off-street parking, maneuvering, loading and storage areas located within the city limits of the City of Angleton, or its extraterritorial jurisdiction.

(b)

Paving materials. Facilities subject to these requirements shall submit paving designs to the City of Angleton that have been prepared by an engineer registered to practice engineering in the State of Texas. The design shall utilize either a reinforced concrete or asphalt wearing surface, supported by the appropriate base material and/or compacted sub-grade. The thickness of the pavement components shall be designed based upon the intended use, anticipated loading, intended life of the pavement, and the engineering properties of the soil that are developed from geotechnical sampling and testing.

(1)

Pavement in front of refuse container shall be of concrete, designed to accommodate the load of a full vehicle while accepting refuse from a container. The concrete pavement shall extend a minimum of ten feet in front of the dumpster enclosure and shall be as wide as the enclosure.

(2)

All concrete paving, including curbs and gutters, shall be designed with steel reinforcing.

(c)

Exemptions from paving material regulations. Storage areas that are blocked from public view by an approved solid fence, the fenced in area is no larger than 1½ acres in size, and where access to the storage area is restricted, are not required to utilize reinforced concrete or asphalt pavement. However, storage lots that utilize surface materials other than those required in this document are responsible for controlling the sediment that will be transported off of the lot, either in the runoff from rain events or that which is tracked onto roadways by vehicles leaving the facility, and the alternative material shall be compacted sufficiently to prevent dust from becoming airborne and a nuisance to the public. City of Angleton Code Enforcement Officers shall be allowed to periodically inspect the storage yard to ensure that conditions do not exist that may lead to harming the health and welfare of the public.

(Ord. No. 2011-O-9B, § 2, 9-27-11)

(a)

Purpose: Landscaping is accepted as adding value to property and is in the interest of the general welfare of the city. The provision of landscaped areas also serves to increase the amount of property that is devoted to pervious surface area that, in turn, helps to reduce the amount of impervious surface area, stormwater runoff, and consequent non-point pollution in local waterways. Therefore, landscaping is hereafter required of new development, except single-family, two-family and agricultural uses, adjacent to public streets. Single-family and two-family uses are generally not required to provide extensive landscaping at the time of development because they rarely fail to comply with the requirements set forth herein.

(b)

Minimum requirements: On-site landscaping requirements for nonresidential and multifamily developments (including schools, churches, day care facilities and other similar uses in a residential district):

(1)

Street buffer. A minimum ten-foot wide landscaped buffer shall be provided adjacent to any right-of-way. A maximum of five feet of adjacent unpaved right-of-way may be included in the ten-foot wide buffer. The street buffer may be landscaped with grass or other living plant material, provided the other living plant material is not located within the right-of-way. Necessary driveways from the public right-of-way shall be permitted through the street buffer in accordance with city regulations.

(2)

Parking lot landscaping.

a.

Parking lots shall be landscaped with one large tree or two small trees for every 20 parking spaces. The number of required trees shall be rounded to the nearest whole number, but in no case be rounded to less than one tree (i.e., parking lots with 30 or fewer spaces require one tree and parking lots with 31 to 40 spaces require two large trees). All new and existing trees shall be provided with a permeable area that is protected by a monolithic concrete curb or wheel stops, and shall remain free of trash and litter. The permeable area, for one large tree or two small trees, shall be at least 50 square feet in size and not less than five feet wide.

b.

Half of the required trees may be located along the outside edge of the parking lot and half of the required trees shall be located within the parking lot. Required trees planted along the edge of a parking lot may be located within the private property portion of the street buffer, provided they are located at least ten feet from any overhead utility lines. Existing large trees, located within the parking lot or along the edge of the parking lot, may count toward the number of trees required.

c.

The city encourages landscaping in parking lots, or portions of parking lots, that are more visible from streets with higher traffic counts or customers of the business. Therefore required trees for new parking lots may be located within an existing parking lot that is not landscaped or concentrated in areas of a new parking lot adjacent to streets with higher traffic counts or parking lots used mainly for customers (i.e., trees may be concentrated in customer parking areas and omitted from employee parking areas). Required trees planted within the parking lot shall be distributed across the middle of the parking lot or evenly distributed throughout the parking lot.

(3)

Approved trees. A list of approved trees is provided below. Different varieties of an approved tree that are not included on the list may be authorized by the city manager or building official based on their suitability for the local habitat and mature size (i.e., the "green ash" is an approved tree and building official may approve other varieties of "ash" trees). Trees not included on the list or varieties not approved by the building official may be authorized by city council.

(c)

General standards: The following criteria and standards shall apply to landscape materials and installation:

(1)

All required street buffers, parking lot landscaped areas and open or unpaved areas shall be completely covered with living plant material. Landscaping materials such as wood chips and gravel may be used under trees, shrubs and other plants.

(2)

Grass seed, sod and other material shall be clean and reasonably free of weeds and noxious pests and insects.

(3)

Grass areas shall be sodded, plugged, sprigged, hydro-mulched and/or seeded, except that solid sod shall be used in swales, earthen berms or other areas subject to erosion.

(4)

Ground covers used in lieu of grass in whole and in part shall be planted in such a manner as to present a finished appearance and reasonably completed coverage within one year of planting.

(5)

Landscaped areas equipped with an automatic, underground irrigation system shall include moisture sensors to prevent watering at inappropriate times. Landscaped areas without an underground irrigation system shall be located within 100 feet of a water faucet.

(6)

Large trees shall be a minimum of three inches in caliper and seven feet in height at time of planting. Small trees shall be a minimum of 1½ inch in caliper and five feet in height at time of planting. The caliper size shall be measured six inches above the ground.

(d)

Landscape plan: Landscaping plans shall contain the information listed below. The building official shall review such plans and shall approve same if the plans are in accordance with the criteria of these regulations. If the plans are not in conformance, they shall be disapproved and shall be accompanied by a written statement stating the changes necessary for compliance.

(1)

Minimum scale of one inch equals 50 feet; show scale in both written and graphic form.

(2)

Location, size and species of all trees to be preserved (do not use "tree stamps" unless they indicate true size and location of trees).

(3)

Location of all plant and landscaping material to be used, including plants, paving, benches, screens, fountains, statues, earthen berms, ponds (to include depth of water), topography of site, or other landscape features.

(4)

Species and common names of all plant materials to be used.

(5)

Spacing of plant material where appropriate.

(6)

Layout and description of irrigation, sprinkler, or water systems (including location of water sources).

(7)

North arrow/symbol, and a small map showing where the property is located.

(8)

Date of the landscape plan.

(e)

Sight distance and visibility: Rigid compliance with these landscaping requirements shall not be such as to cause visibility obstructions and/or blind corners at intersections. Whenever an intersection of two or more public rights-of-way or private driveways occurs, a triangular visibility area, as described below, shall be created. Landscaping within the triangular visibility area shall be designed to provide unobstructed cross-visibility at a level of 30 inches and higher.

(1)

The areas of property located at a corner formed by the intersection of two or more public rights-of-way (or a private driveway onto a public road) shall have a triangular visibility area with two sides of each triangle being a minimum of 35 feet in length along the right-of-way lines (or along the driveway curb line and the road right-of-way line) from the point of intersection and the third side being a line connecting the ends of the other two sides. (See Illustration 18 also.)

(2)

The areas of property on both sides of the intersection of a public right-of-way and an alley shall have a triangular visibility area with two sides of each triangle being a minimum of 20 feet in length from the point of intersection and the third side being a line connecting the ends of the other two sides.

Landscaping, except required grass and low ground cover, shall not be located closer than three feet from the edge of any pavement within the triangular visibility area.

In the event other visibility obstructions are apparent in the proposed landscape plan, as determined by the building official, said obstructions may be removed or reduced to eliminate the obstruction.

(f)

Scope and enforcement: The standards and criteria contained within this section are deemed to be minimum standards and shall apply to all new, or altered (i.e., exceeding 50 percent of the original building's footprint) construction occurring within the city, except that single-family or duplex dwellings shall be exempt. Additionally, any use requiring a specific use permit (SUP) or a PD zoning designation must comply with these landscape standards unless special landscaping standards are otherwise provided for in the ordinance establishing the SUP or PD district. The provisions of this section shall be administered and enforced by the building official. The landscape standards in this section apply only to nonresidential and multifamily developments (including uses such as schools and churches within a residential zoning district).

If at any time after the issuance of a certificate of occupancy, the approved landscaping is found to be not in conformance with the standards and criteria of this section, the building official shall issue notice to the owner, citing the violation and describing what action is required to comply with this section. The owner, tenant or agent shall have 90 calendar days from date of said notice to establish/restore the landscaping as required. If the landscaping is not established/restored within the allotted time, then such person shall be in violation of this chapter.

(g)

Permits: No permits shall be issued for building, paving or construction until a detailed landscape plan is submitted and approved by the building official. A landscape plan shall be required as part of the applicable required plan, as outlined in section 28-26. The landscape plan may be shown on the applicable required plan (provided the plan remains clear and legible) or may be drawn on a separate sheet. Prior to the issuance of a certificate of occupancy for any building or structure, all screening and landscaping shall be in place in accordance with the landscape plan.

In any case in which a certificate of occupancy is sought at a season of the year in which the building official determines that it would be impractical to plant trees, shrubs or ground cover, or to successfully establish turf areas, a temporary certificate of occupancy may be issued provided a letter of agreement from the property owner is submitted that states when the installation shall occur. All landscaping required by the landscaping plan shall be installed within six months of the date of the issuance of the certificate of occupancy.

(Ord. No. 2009-O-4A, §§ (V)(39)(39.1—39.7), 4-14-09; Ord. No. 2015-O-12A, § 2, 12-8-15)

(a)

In a single-family or multifamily district, an accessory structure is a subordinate or incidental building, attached to or detached from the main building, not used for commercial purposes and not rented. Accessory structures shall be located toward the rear portion of the property, and shall conform with applicable provisions of the building code. (Also see section 28-105 for exterior construction standards.)

(b)

In nonresidential districts, an accessory structure is a subordinate building, the use of which is secondary to and supportive of the main building. Accessory structures shall not be permitted without a main building or primary use being in existence. Accessory structures should, wherever possible, be located toward the rear portion of the property. Accessory buildings shall conform with applicable provisions of the building code. (Also see section 28-105 for exterior construction standards.)

(c)

Accessory dwelling units in the AG and SF-20 zoning districts shall be allowed as an incidental residential use of a building on the same lot as the main dwelling unit and used by the same person or persons of the immediate family, and shall meet the following standards:

(1)

The accessory dwelling unit must be constructed to the rear of the main dwelling, separate from the main dwelling.

(2)

The accessory dwelling unit may be constructed only with the issuance of a building permit, and shall be constructed of masonry materials that are similar in appearance to the main structure if over 400 square feet in size.

(3)

The accessory dwelling unit may not be sold separately from sale of the entire property, including the main dwelling unit, and shall not be sublet.

(4)

Setback requirements shall be the same as for the main structure.

(5)

Accessory dwellings are not permitted without the main or primary structure.

(d)

Accessory dwellings shall conform to the height limitations of the zoning district in which it is located. No such accessory dwelling or quarters shall be used or occupied as a place of abode or residence by anyone other than a bona fide caretaker, servant or farm worker actually and regularly employed by the land owner or occupant of the main building, or is a guest or family member of the owner/occupant. Only one accessory dwelling unit (i.e., garage/accessory dwelling, servants/caretakers quarters, etc.) shall be allowed on any lot within a residential zoning district, and they shall be clearly incidental to the primary use. These accessory living structures shall not, in any case, be leased or sold.

(e)

Area regulations for accessory buildings in residential and multifamily districts:

(1)

Size of yards:

a.

Front yard: Detached accessory buildings shall be prohibited in front of the main building.

b.

Side yard: There shall be a side yard not less than five feet from any side lot line or alley line for any accessory building provided that such building is separated from the main building by a minimum distance of ten feet. In the case of an accessory building being closer than ten feet to the main building, the minimum side yard requirements for the main building shall be observed. Accessory buildings adjacent to a side street shall have a side yard not less than 15 feet. Garages or carports located and arranged so as to be entered from an interior side yard shall have a minimum setback of 25 feet from the side lot line. Carports or garages arranged to be entered from the side yard, facing a public street, shall have a minimum distance equal to the required yard for the main building or 25 feet, whichever is greater.

c.

Rear yard: There shall be a rear yard not less than five feet from any lot line or alley line, except that; a) where apartments are permitted, the main building and all accessory buildings shall not cover more than 60 percent of that portion of the lot lying to the rear of a line erected joining the midpoint of one side lot line with the midpoint of the opposite side lot line; b) carports, garages, or other accessory buildings, located within the rear portion of a lot as heretofore described, constructed closer than ten feet to the main building, shall have a rear yard equivalent to the rear yard requirement for the main building; or c) accessory buildings constructed ten feet or more from the main building shall have a rear yard of five feet. If an alley exists, accessory buildings may be located within five feet of a rear lot line if the maximum (e.g., ridge) height of the building is no greater than eight feet and if a solid fence or wall of the same height is built on the rear lot line to screen the building from property located to the rear. Garages or carports that are arranged so as to be entered by a motor vehicle from an alley or rear alley easement shall be set back from the rear property line or alley easement line a minimum distance of 25 feet.

(2)

Carports shall be measured from the part of the carport (usually the roof) that is closest to the street or alley (see Illustration 5), and shall be constructed of materials like the main building(s) on the premises. In single-family and two-family zoning districts, carports shall be a maximum size of 40 feet wide and 12 feet deep. In multifamily and nonresidential zoning districts, carports shall be a maximum size of three bays in width and one bay in depth.

(3)

Accessory buildings are not permitted without a main structure.

(4)

Accessory buildings shall not exceed the height allowed for such buildings in the specific zoning district wherein it is located. Garage/accessory dwelling units up to two stories are allowed in certain districts (see subsection 28-81(b)) by SUP if there is no adverse impact upon adjacent properties.

(5)

Exterior construction standards for accessory buildings: See section 28-105 of this chapter.

(6)

Accessory buildings of any type shall require a permit from the city.

(Ord. No. 2009-O-4A, §§ (V)(40)(40.1—40.5), 4-14-09)

(a)

Purpose: To encourage the most appropriate use of land and conserve and protect the privacy and value of adjacent permitted uses. Regulations are prescribed for the location and type of various screening devices to be used when required in the various zoning districts or in this section in accordance with the following standards.

(b)

Screening of nonresidential, multifamily areas and manufactured home parks:

(1)

A screening fence shall be required for any new development along shared property lines between single-family or two-family districts and multifamily, manufactured home park, or nonresidential districts. Screening fences shall also be required for any new development along shared property lines between multifamily and nonresidential developments. All screening walls, fences and refuse container enclosures must comply with subsection 28-105(d). The purpose of the screening wall or fence is to provide a visual and protective barrier between the properties.

a.

Installation of the screening fence along a shared property line between a multifamily or manufactured home district and single-family or two-family residential district shall be the responsibility of the last property owner to develop property. Residential property that has been platted and recorded in the county plat records, but has vacant lots along a shared property line, shall be considered as developed property.

b.

Installation of the screening fence along a shared property line between nonresidential and residential districts shall be the responsibility of the last property owner to develop property. Residential property that has been platted and recorded in the county plat records, but has vacant lots along a shared property line, shall be considered as developed property.

c.

Any screening wall or fence required under the provisions of this section or under a specific use permit, planned development district, or other requirement shall not be less than six feet nor more than eight feet in height and constructed of masonry, reinforced concrete, wood, or other similar suitable permanent materials which do not contain openings. All wall or fence openings shall be equipped with gates equal in height and screening characteristics to the wall or fence.

(2)

In nonresidential, multifamily and manufactured home districts, no fence or wall shall be erected in any front yard or side yard which is adjacent to a public street unless the fence/wall is required to screen the development from an adjacent residential area (particularly if the residence has, or could have, a back yard fence that would be exposed to view from the street if the required screening wall were not extended out to the street right-of-way line). In this case, the screening fence/wall shall be extended out to the street right-of-way line. Screening fences/walls shall be placed such that they do not impede visibility for vehicles entering or exiting the nonresidential, multifamily or manufactured home development (see subsection 28-106(h) for sight visibility requirements).

(3)

All fences require permits.

(4)

See subsection 28-106(h) for sight visibility requirements for fences and screening walls.

(5)

Refuse storage areas (including all dumpsters) which are not within a screened rear service area and which are visible from a public right-of-way for all nonresidential, single-family attached, multifamily and manufactured home park uses shall be visually screened by a minimum six-foot fence on at least three sides that complies with subsection 28-104(b)(1)c. (See Illustrations 16 and 17 for refuse container enclosure diagrams). The fourth side, which is to be used for garbage pickup service, may provide an optional gate to secure the refuse storage area. Alternate equivalent screening methods may be approved through the required applicable plan approval process, section 28-26. Each refuse facility shall be located so as to facilitate pickup by refuse collection agencies. Adequate reinforced paved areas shall be provided for refuse facilities and their approaches for loading and unloading, as per Illustration 16.

(c)

Fences in residential areas:

(1)

Any fence or wall located to the rear of the minimum required front yard line shall not exceed eight feet in height.

(2)

Except as provided by a. below, no fence or wall shall be permitted within the required front yard of any single-family or duplex residential lot that is adjacent to a public street. No residential fence shall be closer than 15 feet to a public street except in cases where the side building line of the yards on continuous corner lots adjoin, the fence may be constructed out to the property line of said side yard such that the street side yard may be included as part of the lot's back yard area. (See Illustration 23).

a.

Decorative fences with openings not less than 50 percent of the fence area and not exceeding four feet in height are permitted in front yards. Chain link, woven wire mesh or similar materials are not considered decorative fencing.

Decorative ornamental iron fencing may be constructed up to six feet in height within the front yard only in the AG zoning district, and only on lots exceeding one acre in size in other districts. Such fences shall have openings not less than 50 percent of the fence area, and shall not interfere with traffic visibility (see subsection 28-106(h)).

(3)

All fences require permits.

(4)

Electrical fencing and barbed wire is prohibited as perimeter fencing except for containment of farm animals on parcels of five or more acres.

(5)

Gates designed for vehicular access and all garage doors shall be set back from the property line a minimum of 25 feet.

(6)

Fences around swimming pools shall comply with the Standard Swimming Pool Code and the City of Angleton's codes/ordinances pertaining to same.

(7)

See subsection 28-106(h) for sight visibility requirements for fences and screening walls.

(8)

Special purpose fencing, such as fencing around tennis courts, is allowed only upon issuance of a permit from the city. The maximum height of such fencing shall be 12 feet.

(Ord. No. 2009-O-4A, §§ (V)(41)(41.1—41.3), 4-14-09; Ord. No. 2010-O-6A, § 2, 6-8-10; Ord. No. 2013-O-7C, § 6, 7-9-13)

(a)

Purpose: The City Council of the City of Angleton finds that it is necessary to regulate the exterior finish and appearance of buildings that are erected within the city in order to insure the consistency in quality, compatibility, and character of buildings within comparable zoning districts. The regulation of exterior materials and building construction assures consistent provision of both a high level of structural durability relative to impacts from natural and manmade forces over time and a safe environment for those occupants, equipment, and goods within the structure and create a visually desirable environment. The provision of a quality exterior finish compliments the building construction by reducing maintenance needs, providing a surface more resistant to damage, assisting in maintaining structure and property value over a longer period, contributing substantially to the compatibility and character of its neighborhood or surroundings. This section is intended to improve overall visual environment of multifamily dwellings and nonresidential structures and promote economic growth and preserve property values to the betterment of all property owners. It is the intent of the city to encourage the use of quality materials, well-conceived designs, low reflectance, subtle, neutral and earth tone colors on all exterior walls, accent exterior colors and roofing.

(b)

Definitions:

(1)

For the purpose of this section, the following definitions shall apply:

a.

Masonry construction: This term shall be construed to mean that form of construction composed of brick, stone, decorative concrete block or tile, or other similar building units or materials (or combination of these materials) laid up unit by unit and set in mortar, and shall exclude wall area devoted to doors and windows. As applicable to meeting the minimum requirements for the exterior construction of buildings within each zoning district, this term shall include the following materials:

1.

Hard-fired brick: Shall be kiln fired clay or slate material and can include concrete brick if it is to the same American Society for Testing and Materials (ASTM) standard for construction as typical hard-fired clay brick. The material shall be severe weather grade, and coloration shall be integral to the masonry material and shall not be painted on. Unfired or under-fired clay, sand or shale brick are not allowed.

2.

Stone: Includes naturally occurring granite, marble, limestone, slate, river rock, and other similar hard and durable all-weather stone that is customarily used in exterior construction material. Cast or manufactured stone product, provided that such product yields a highly textured, stone-like appearance. Coloration shall be integral to the masonry material and shall not be painted on.

3.

Decorative concrete block: Shall be highly textured finish such as split-faced, indented, hammered, fluted, ribbed, or similar architectural finish. Coloration shall be integral to the masonry material and shall not be painted on.

4.

Concrete pre-cast or tilt wall panel: Shall be of an architectural finish that is equal to or exceeds the appearance and texture of face brick or stone. Coloration shall be integral to the masonry material and shall not be painted on.

5.

Stucco: An exterior plaster made from a mixture of cement, sand, lime and water spread over metal screening or chicken wire or lath. Coloration shall be integral to the masonry material and shall not be painted on.

6.

Exterior insulated finish system: A synthetic stucco cladding system that typically consists of these main components (coloration shall be integral to the masonry material and shall not be painted on):

(i)

Panels of expanded polystyrene foam insulation installed with adhesive or mechanically fastened to the substrate, usually plywood or oriented strand board;

(ii)

A base coat over the foam insulation panels;

(iii)

A glass fiber reinforcing mesh laid over the polystyrene insulation panels and fully imbedded in the base coat; and

(iv)

A finishing coat over the base coat and the reinforcing mesh.

7.

Cementitious fiber board siding: A cement and fiberglass exterior-rated board.

b.

Exterior wall surface: All areas of a structure's wall sections located above the finish floor elevation of the foundation, exclusive of doors and windows.

(c)

Minimum exterior construction standards:

(1)

The standards and criteria contained within this subsection are deemed to be minimum standards and shall apply to all new building construction occurring within any zoning district in the City of Angleton as follows:

Single-family and two-family residential: None.

(2)

Multiple-family dwellings: All exterior wall surfaces of all new multiple-family dwellings shall be of 90 percent masonry construction. Covered breezeways and areas of exterior walls located directly beneath covered porches, patios and balconies that have a minimum dimension of four feet in depth and eight feet in width shall not be counted as exterior wall surface when calculating the masonry requirement.

(3)

Nonresidential structures: All exterior wall surfaces of all new nonresidential structures that have frontage on, or are visible from Highway 288 or Business 288 north of Loop 274, shall be of 90 percent masonry construction. When located along the front or back elevation of a structure, areas of exterior walls located directly beneath covered porches or patios that have a minimum dimension of four feet in depth and eight feet in width shall not be counted as exterior wall surface when calculating the masonry requirement.

(4)

Applicability: The minimum exterior construction standards established in this section shall not apply to the following class or kind of:

a.

Facilities located within industrial parks that are created and developed by the municipality or a municipal economic development entity;

b.

Detached accessory buildings having not more than 200 square feet of floor area when located on the same lot as a single-family or two-family dwelling. Accessory dwelling units as defined by the zoning ordinance are not considered detached accessory buildings in the application of this subsection;

c.

Temporary construction and material storage buildings utilized during construction of permanent improvements on a parcel of land, within subdivision or other similar circumstance such as a public works project. The temporary structure temporary structure shall be completely removed upon the expiration of its building permit or upon completion of the permanent improvement, whichever occurs first;

d.

Farm accessory buildings if such buildings are used solely for agricultural purposes;

e.

Historic landmarks designated by the historical committee; and

f.

Remodeling, renovating or expansion of existing single-family or two-family dwellings when matching materials (or materials that simulate the appearance of the existing exterior) are utilized.

(d)

Minimum exterior color and design standards:

(1)

Colors of roofing, exterior walls, accent exterior colors, screening devices such as solid brick/masonry screening walls, refuse container enclosures and accessory buildings and structures shall be low reflectance, subtle, neutral or earth-tone colors and shall be selected from the approved color palette attached hereto as Exhibit "A" (Exhibit A is kept on file with the city) and made a part hereof for all purposes. Colors approved on approved color palettes are representative samples of the colors allowed. Any paint brand is allowed as long as the color itself matches a color on an approved palette. The use of metallic colors, black, or fluorescent colors is prohibited.

(2)

All solid exterior doors, overhead doors, down spouts, exterior utility receptacles, service boxes on buildings, exterior lighting, frames and mullions of all doors and windows containing storefront glass panels, permitted trim, accent, and traditional decorative elements on buildings, such as canopies, wrought iron, doors and trim shall be complementary to the development's overall color scheme. Alternatively, all solid exterior doors, overhead doors, down spouts, exterior lighting fixtures and similar fixtures may be painted to blend with the surrounding predominant color of the building. Additionally, frames and mullions of all doors and windows containing storefront glass panels shall be anodized.

(3)

The standards and criteria contained within this section are deemed to be minimum standards and shall apply to all buildings within any zoning district in the City of Angleton as follows:

a.

Single-family and two-family residential: None.

b.

Multiple-family dwellings: All exterior wall surfaces, accent exterior colors and roofing of all multiple-family dwellings shall be low reflectance, subtle, neutral or earth-tone colors and shall be selected from an approved color palette attached hereto as Exhibit "A" (Exhibit A is kept on file with the city) and made a part hereof for all purposes. Colors approved on approved color palettes are representative samples of the colors allowed. Any paint brand is allowed as long as the color itself matches a color on an approved palette. The use of metallic colors, black, or fluorescent colors is prohibited.

c.

Nonresidential structures: All exterior wall surfaces, accent exterior colors and roofing of all nonresidential structures shall be low reflectance, subtle, neutral or earth-tone colors and shall be selected from an approved color palette attached hereto as Exhibit "A" (Exhibit A is kept on file with the city) and made a part hereof for all purposes. Colors approved on approved color palettes are representative samples of the colors allowed. Any paint brand is allowed as long as the color itself matches a color on an approved palette. The use of metallic colors, black, or fluorescent colors is prohibited.

(4)

Applicability. The minimum exterior color and design standards established in this section shall not apply to the following class or kind of:

a.

Facilities located within industrial parks that are created and developed by the municipality or a municipal economic development entity;

b.

Detached accessory buildings having not more than 200 square feet of floor area when located on the same lot as a single-family or two-family dwelling. Accessory dwelling units as defined by the zoning ordinance are not considered detached accessory buildings in the application of this section;

c.

Temporary construction and material storage buildings utilized during construction of permanent improvements on a parcel of land, within subdivision or other similar circumstance such as a public works project. The temporary structure shall be completely removed upon the expiration of its building permit or upon completion of the permanent improvement, whichever occurs first;

d.

Farm accessory buildings if such buildings are used solely for agricultural purposes;

e.

Historic landmarks designated by the historical committee; and

f.

Remodeling, renovating or expansion of existing single-family or two-family dwellings when mataching materials (or materials that simulate the appearance of the existing exterior) are utilized.

(e)

Alternative exterior materials:

(1)

The planning and zoning commission may approve an alternative exterior construction material(s) only upon a determination that the proposed materials are:

a.

Sufficiently durable, and fire- and weather-resistant to achieve the stated purpose of these requirements; and

b.

The proposed building materials and arrangement of the materials provide consistency of appearance with existing structures on the property or within the neighborhood in which it is located; or

c.

The proposed building material(s) create an appearance that associates a time, a place, an event, or an activity with the development in a thematic manner.

(2)

A request to utilize an alternative exterior construction material(s) shall be submitted to the building official. All requests to utilize an alternative exterior construction material(s) shall be in writing and shall address the durability of the proposed material(s) as described in subsection (e)(1)a. above, along with an explanation of its use as it relates to subsections (e)(1)b. or (e)(1)c. above.

(3)

Such requests shall be accompanied by a site plan and a facade plan in the case of an individual structure or group of structures developed as a single nonresidential project. In the case of a residential development involving the utilization of an alternative exterior construction material(s) on a neighborhood-wide basis, a concept plan or approved plat and typical facade treatments shall accompany the request. The city may require the submission of an actual sample(s) of the proposed alternative exterior construction material(s).

(4)

The planning and zoning commission shall consider the request within 30 days of submittal. The approval of an alternative exterior construction material(s) shall be on a case by case basis and is solely at the discretion of the planning and zoning commission.

(f)

Alternative exterior colors:

(1)

The planning and zoning commission may approve alternative exterior colors only upon a determination that:

a.

The proposed building color(s) provide consistency of appearance with existing structures on the property or within the neighborhood in which it is located; or

b.

The proposed building colors(s) create an appearance that associates a time, a place, an event, or an activity with the development in a thematic manner.

(2)

A request to utilize an alternative exterior color(s) that is not included in the approved color palette, shall be submitted to the building official. All requests to utilize an alternative exterior colors shall be in writing and shall provide an explanation of its use as it relates to subsections (f)(1)a. or (f)(1)b. above.

(3)

Such requests shall be accompanied by two color boards showing actual samples of the proposed alternative exterior colors of exterior walls, accent exterior colors, roofing and exterior fencing/screening walls.

(4)

The planning and zoning commission shall consider the request within 30 days of submittal. The approval of an alternative exterior color(s) shall be on a case by case basis and is solely at the discretion of the planning and zoning commission.

(g)

Relation of exterior color and design standards to zoning classifications: The establishment of exterior color and design standards does not repeal the underlying zoning classification of property to which the designation applies, but is in addition to the authorizations and requirements of the underlying zoning district. In the event of a conflict between the requirement of the exterior color and design standards and the underlying zoning classification, the more stringent shall apply, except that the terms of a PD planned development ordinance may expressly override one or more requirements set forth in this section.

(Ord. No. 2009-O-4A, §§ (V)(42)(42.1—42.4), 4-14-09; Ord. No. 2010-O-6A, §§ 3—7, 6-8-10; Ord. No. 2016-O-6B, § 2, 6-14-16)

(a)

(1)

Measuring setbacks: All setback measurements shall be made in accordance with illustration 4.

(2)

Configuration of lots: Wherever possible, flag lots (i.e., lots with minimal, or panhandle type, frontage) shall be avoided. Similarly, through (i.e., double frontage) lots (particularly within residential zoning districts) shall also be avoided wherever possible. (Also see subdivision ordinance for regulations pertaining to the configuration of lots.)

(3)

Building setbacks: All setbacks established on a recorded plat shall be enforced, even if they exceed the required setbacks in this chapter. Setbacks established on a recorded plat shall only be changed through replat proceedings (see subdivision ordinance).

(b)

Front yard:

(1)

On all corner lots, the front yard setback shall be observed along the frontage of both intersecting streets, unless approved specifically otherwise on a final plat. Where single-family and duplex lots have double frontage, extending from one street to another, or are on a corner, a required front yard shall be provided on both streets unless a side or rear yard building line has been established along one frontage on the plat, in which event only one required front yard need be observed. The side and/or rear yards in the case of single-family and duplex uses shall be identified and the front of the structure shall not face the side or rear yard.

(2)

Where the frontage on one side of a street between two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage (see illustration 3).

(3)

The front yard shall be measured from the property line to the front face of the building, to the nearest supporting member of a covered porch or terrace, or to any attached accessory building. Eaves and roof extensions or a porch without posts or columns may project into the required front yard for a distance not to exceed four feet, and subsurface structures, platforms or slabs may not project into the front yard to a height greater than 30 inches above the average grade of the yard (see illustration 4). Open porches extending into the front yard shall not be enclosed.

(4)

Minimum lot widths for lots with predominate frontage on the curved radius of a street (e.g., cul-de-sac or "eyebrow" portion of a street) shall be measured as the linear distance of the curved front building line, and shall be shown on the subdivision plat. Lot widths for all lots shall be as set forth in the respective zoning district for each lot. The front building line required in a zoning district may be increased by up to five feet on cul-de-sac and street eyebrow lots in order to comply with the minimum lot width required in that zoning district, provided that an adequate building pad area (i.e., has adequate depth) is retained on the lot after moving the front building line back.

(5)

See subsection 28-110(a) for special front yard regulations and setbacks for gasoline service station pump islands and canopies.

(6)

Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.

(c)

Side and rear yards:

(1)

On a corner lot used for one- or two-family dwellings, both street exposures shall be treated as front yards on all lots, except that where one street exposure is designated as a side yard for both adjacent lots or where the two lots are separated by an alley, street right-of-way, creek/floodplain area, or other similar phenomenon. In such case, a building line may be designated by the city manager, with a minimum side yard of 15 feet or more (as determined by the applicable zoning district standards). On lots which were official lots of record prior to the effective date of this chapter, the minimum side yard adjacent to a side street shall comply with the minimum required side yard for the respective district.

(2)

Every part of a required side and rear yard shall be open and unobstructed except for the ordinary projections of window sills, belt courses, cornices, and other architectural features not to exceed 12 inches into the required side or rear yard, and roof eaves projecting not to exceed 36 inches into the required side or rear yard. Air conditioning compressors and similar equipment are permitted in the side or rear yard. Open porches extending into a side or rear yard shall not be enclosed. A canopy or awning may project into a required side or rear yard provided that it is not enclosed, and provided that it is at least five feet from the property line. The minimum separation between buildings shall be maintained, per the city's building code.

(d)

Special height regulations:

(1)

In any zoning district, water stand pipes and tanks, church steeples, domes and spires, ornamental cupolas, uninhabited (or one-man overseer's penthouse not exceeding 50 square feet in size) utility or industrial structures, and city government buildings may be erected to exceed the height limit, as specified in the particular zoning district, provided that two additional feet shall be added to the width and depth of front, side, and rear yards for each foot that such structures exceed the district height limit.

(e)

Communications antennas and support structures/towers:

(1)

Purpose: The purpose of this section is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this section are to:

a.

Protect residential areas and land uses from potential adverse impacts of towers and antennas;

b.

Encourage the location of towers in nonresidential areas;

c.

Minimize the total number of towers throughout the community;

d.

Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;

e.

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

f.

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;

g.

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently;

h.

Consider the public health and safety of communication towers; and

i.

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, the city shall give due consideration to the city's master plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.

(2)

Definitions: As used in this section, the following terms shall have the meanings set forth below:

a.

Alternative tower structure means manmade trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

b.

Antenna means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals.

c.

Backhaul network means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

d.

FAA means the Federal Aviation Administration.

e.

FCC means the Federal Communications Commission.

f.

Height means, when referring to tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

g.

Preexisting towers and preexisting antennas means any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this section, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

h.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.

(3)

Applicability:

a.

New towers and antennas. All new towers or antennas in the city shall be subject to these regulations, except as provided below.

b.

Amateur radio station operators/receive only antennas. This section shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by federally-licensed amateur radio station operator or is used exclusively for receive only antennas.

c.

Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section other than the requirements of subsections (4)d., (4)e., (4)f., (4)g., (4)h., (7)b.6. and (7)b.7. Preexisting towers and antennas shall have 90 days from the effective date to comply with these sections, unless the owners petition the city and show good cause why more time should be granted.

d.

AM array. For purposes of implementing this article, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.

(4)

General requirements:

a.

Principal or accessory use. Antennas and towers may be considered either principle or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

b.

Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

c.

Inventory of existing sites. Each application for an antenna and/or tower shall provide to the code enforcement officer an inventory of its existing towers. The code enforcement officer may share such information with other applicants applying for administrative approvals or special use permits and this article or other organizations seeking to locate antennas within the jurisdiction of the city provided, however that the code enforcement officer is not, by sharing such information, in a way representing or warranting that such sites are available or suitable.

d.

Aesthetics. Towers and antennas shall meet the following requirements:

1.

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

2.

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.

3.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

e.

Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

f.

State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this article shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

g.

Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained inapplicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

h.

Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the city irrespective of municipal and county jurisdictional boundaries.

i.

Not essential services. Towers and antennas shall be regulated and permitted pursuant to this article and shall not be regulated or permitted as essential services, public utilities or private utilities.

j.

Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the city have been obtained and shall file a copy of all required franchises with the code enforcement officer.

k.

Public notice. For purposes of this article, a special use request, variance request, or appeal of an administratively approved use or special use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in subsection (7)b.5.(ii), Table 2, in addition to any notice otherwise required by the zoning ordinance.

l.

Signs. No signs shall be allowed on an antenna or tower.

m.

Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of subsection (8).

n.

Multiple antenna/tower plan. The city encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.

(5)

Permitted uses:

a.

General. The uses listed in this section are deemed to be permitted uses and shall not require administrative approval or a special use permit.

b.

Permitted uses. The following uses are specifically permitted:

1.

Antennas or towers located on property owned, leased, or otherwise controlled by the city provided a license or lease authorizing such antenna or tower has been approved by the city.

(6)

Administratively approved uses:

a.

General. The following provisions shall govern the issuance of administrative approvals for towers and antennas:

1.

The code enforcement officer may administratively approve the uses listed in this section.

2.

Each applicant for administrative approval shall apply to the code enforcement office providing the information set forth in subsections (7)b.1. and (7)b.3. of this section and nonrefundable fee as established by resolution of the city council to reimburse the city of the costs of reviewing the application.

3.

The code enforcement officer shall review the application for administrative approval and determine if the proposed use complies with subsections (4), (7)b.4. and (7)b.5. of this section.

4.

The code enforcement officer shall respond to each such application within 60 days after receiving it by either approving or denying the application. If the code enforcement officer fails to respond to the applicant within said 60 days, then the application shall be deemed to be approved.

5.

In connection with any such administrative approval, the code enforcement officer may, in order to encourage shared use, administratively waive any zoning district setback requirements in subsection (7)b.4. or separation distances between towers in subsection (7)b.5. by up to 50 percent.

6.

In connection with any such administrative approval, the code enforcement officer may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.

7.

If an administrative approval is denied, the applicant shall file an application for a special use permit pursuant to subsection (7) prior to filing any appeal that may be available under the zoning ordinance.

b.

List of administratively approved uses. The following uses may be approved by the code enforcement officer after conducting an administrative review:

1.

Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in any industrial or heavy commercial zoning district.

2.

Locating antennas on existing structures or towers consistent with the terms of subsections (i) and (ii) below.

(i)

Antennas on existing structures. An antenna which is not attached to tower may be approved by the code enforcement officer as an accessory use to any commercial, industrial, professional, institutional, or multifamily structure of eight or more dwelling units, provided:

i.

The antenna does not extend more than 30 feet above the highest point of the structure;

ii.

The antenna complies with all applicable FCC and FAA regulations; and

iii.

The antenna complies with all applicable building codes.

(ii)

Antennas on existing towers. An antenna which is attached to an existing tower may be approved by the code enforcement officer and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:

i.

A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the code enforcement officer allows reconstruction as a monopole.

ii.

Height.

(A)

An existing tower may be modified or rebuilt to a taller height, not to exceed 30 feet over the tower's existing height, to accommodate the collocation of an additional antenna.

(B)

The height change referred to in subsection 2.(i) may only occur one time per communication tower.

(C)

The additional height referred to in subsection 2.(i) shall not require an additional distance separation as set forth in subsection (7). The tower's pre-modification height shall be used to calculate such distance separations.

(iii)

Onsite location.

(A)

A tower which is being rebuilt to accommodate the collocation of an additional of an additional antenna may be moved onsite within 50 feet of its existing location.

(B)

After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.

(C)

A relocated onsite tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to subsection (7)b.5. The relocation of a tower hereunder shall in no way be deemed to cause a violation of subsection (7)b.5.

(D)

The onsite relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in subsection (7)b.5. shall only be permitted when approved by the code enforcement officer.

3.

New towers in nonresidential zoning districts. Locating any new tower in a nonresidential zoning district other than industrial or heavy commercial, provided a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; the code enforcement officer concludes the tower is in conformity with the goals set forth in subsection (1) and the requirements of subsection (4); the tower meets the setback requirements in subsection (7)b.4. and separation distances in subsection (7)b.5.; and the tower meets the following height and usage criteria:

(i)

For a single user, up to 90 feet in height;

(ii)

For two users, up to 120 feet in height; and

(iii)

For three or more users, up to 150 feet in height.

4.

Locating any alternative tower structure in a zoning district other than industrial or heavy commercial that in the judgment of the code enforcement officer is in conformity with the goals set forth in subsection (1) of this section.

5.

Installing a cable microcell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.

(7)

Special use permits.

a.

General. The following provisions shall govern the issuance of special use permits for towers or antennas by the city council after recommendation from the planning and zoning commission:

1.

If the tower or antenna is not a permitted use under subsection (5) of this section or permitted to be approved administratively pursuant to subsection (6) of this section, then a special use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.

2.

Applications for special use permits under this section shall be subject to the procedures and requirements of section 28-63 (special use permits) of the zoning ordinance, except as modified in this section.

3.

In granting a special use permit, the city council and/or the planning and zoning commission may impose conditions to the extent the planning and zoning commission and/or the city council concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

4.

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.

5.

An applicant for a special use permit shall submit the information described in this section and a non-refundable fee as established by resolution of the city council to reimburse the city for the costs of reviewing the application.

b.

Towers.

1.

Information required. In addition to any information required for applications for special use permits pursuant to section 28-63 (special use permits) of the zoning ordinance, applicants for a special use permit for a tower shall submit the following information:

(i)

A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), master plan classification of the site and all properties within the applicable separation distances set forth in subsection (7)b.5., adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the code enforcement officer to be necessary to assess compliance with this section.

(ii)

Legal description of the parent tract and leased parcel (if applicable).

(iii)

The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.

(iv)

The separation distance from other towers described in the inventory of existing sites submitted pursuant subsection (4)c. shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.

(v)

A landscape plan showing specific landscape materials.

(vi)

Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.

(vii)

A description of compliance with subsections (4)c., (4)d., (4)e., (4)f., (4)g., (4)j.,(4)l., (4)m., (4)n., (7)b.4., (7)b.5. and all applicable federal, state or local laws.

(viii)

A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.

(ix)

Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.

(x)

A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

(xi)

A description of the feasible location(s) of future towers or antennas within the city based upon existing physical, engineering, technological or geographical limitation in the event the proposed tower is erected.

2.

Factors considered in granting special use permits for towers. In addition to any standards for consideration of special use permit applications pursuant to section 28-63 (special use permits) of the zoning ordinance, the city council after recommendation from the planning and zoning commission shall consider the following factors in determining whether to issue a special use permit, although the city council may waive or reduce the burden on the applicant of one or more of these criteria if the planning and zoning commission and/or the city council concludes that the goals of this section are better served thereby:

(i)

Height of the proposed tower;

(ii)

Proximity of the tower to residential structures and residential district boundaries;

(iii)

Nature of uses on adjacent and nearby properties;

(iv)

Surrounding topography;

(v)

Surrounding tree coverage and foliage;

(vi)

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

(vii)

Proposed ingress and egress; and

(viii)

Availability of suitable existing towers, others structures, or alternative technologies not requiring the use of towers or structures, as discussed in subsection (7)b.3. of this article.

3.

Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the planning and zoning commission and city council that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the city council or the planning and zoning commission related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

(i)

No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.

(ii)

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

(iii)

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

(iv)

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

(v)

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

(vi)

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(vii)

The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

4.

Setbacks. The following setback requirements shall apply to all towers for which a special use permit is required; provided, however, that the city council after recommendation from the planning and zoning commission may reduce the standard setback requirements if the goals of this article would be better served thereby:

(i)

Towers must be set back a distance equal to at least 100 percent of the height of the tower from any adjoining lot line.

(ii)

Guys and accessory buildings must satisfy the minimum zoning district setback requirements.

5.

Separation. The following separation requirements shall apply to all towers and antennas for which a special use permit is required; provided, however, that the city council after recommendation of the planning and zoning commission may reduce the standard separation requirements if the goals of this article would be better served thereby:

(i)

Separation from off-site uses/designated areas.

i.

Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in table 1, except as otherwise provided in table 1.

ii.

Separation requirements for towers shall comply with the minimum standards established in table 1.

(ii)

Separation distances between towers.

i.

Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2.

ii.

Table 2:

6.

Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided however, that the city council after recommendation from the planning and zoning commission may waive such requirements, as it deems appropriate.

7.

Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special use permit is required; provided, however, that the city council after recommendation from the planning and zoning commission may waive such requirements if the goals of this article would be better served thereby.

(i)

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.

(ii)

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.

(iii)

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

(8)

Buildings or other equipment storage.

a.

Antennas. All antennas mounted on structures, rooftops, utility poles, light poles or towers, shall be structurally sound and all plans for said antennas and their connections to the structure shall be prepared by and certified as to design by an engineer licensed by the state.

b.

Compliance with building codes. Equipment storage buildings or cabinets shall comply with all applicable building codes.

c.

Required screening. In residential districts, equipment cabinet/structure shall be screened by evergreen hedge with an ultimate height of at least 60 inches and a planted height of at least 36 inches. In commercial or industrial districts the equipment cabinet or structure shall be screened by and evergreen hedge with an ultimate height of 48 inches and a planted height of at least 36 inches. In place of a hedge, the structures or cabinets may be screened from view by a solid fence equal in height to the ultimate height of the hedge set out herein.

d.

Setback and minimum yard requirements. The related unmanned equipment structure shall comply with the minimum yard requirements and front, side and rear yard setback requirements of the zoning district in which it is located.

e.

Modification of building size requirements. The requirements of subsections (8)a. through (8)d. may be modified by the code enforcement officer in the case of administratively approved uses or by the city council after recommendation from the planning and zoning commission in the case of uses permitted by special use to encourage collocation.

(9)

Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the city notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(10)

Nonconforming uses.

a.

Not expansion of nonconforming use. Towers that are constructed and antennas that are installed, in accordance with the provisions of this article shall not be deemed to constitute the expansion of a nonconforming use or structure.

b.

Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist subject to the requirements set out in subsection (3)c. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this article.

c.

Rebuilding damaged or destroyed nonconforming towers or antennas. Not withstanding subsection (9), bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain a special use permit but shall meet all current Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in subsection (9).

(f)

Minimum dwelling unit area: Minimum dwelling unit areas specified in this chapter shall be computed exclusive of breezeways, garages, open porches, carports and accessory buildings.

(g)

Open storage areas: Open long-term storage of materials, commodities or equipment (where allowed in the specific zoning district) shall be located behind the front building line and observe all setback requirements for the main structure or building. This standard does not apply to short-term outside display (see definition of outside display in section 28-112; see screening requirements in section 28-104.

(h)

Sight visibility: Visual clearance shall be provided in all zoning districts in accordance with chapter 22 (Streets, Sidewalks and Other Public Places), article II, division 2 (Obstructions - sections 22-31 through 22-34).

(i)

Nonresidential structures in residential districts:

(1)

Nonresidential structures (e.g., churches, schools, day care centers, etc.) which are permitted in any residential zoning district (including AG) shall be designed and constructed such that they conform to the development standards set forth in the commercial-neighborhood (C-N) zoning district (i.e., with respect to maximum height, minimum lot size, minimum front/side/rear setbacks, screening, exterior building construction, etc.) unless otherwise stated in this chapter or in an ordinance establishing a PD.

(j)

Access standards for nonresidential and multifamily lots:

(1)

All nonresidential lots (including pad sites) shall share driveway curb openings via mutual access easements from one lot to adjacent lots (for fire and emergency access, as well as for public convenience).

(2)

All nonresidential and multifamily lots (including pad sites) shall have either direct or indirect (via mutual access/fire lane easements on adjacent property) access to a median opening if located on a median-divided roadway (existing or planned in the future). Driveways for all nonresidential and multifamily lots (including pad sites) shall align, to the greatest extent possible, with any existing or proposed driveways on the other side of any type of roadway.

(Ord. No. 2009-O-4A, §§ (V)(43)(43.1—43.10), 4-14-09; Ord. No. 2016-O-6A, § 4, 6-14-16; Ord. No. 2016-O-6B, § 2, 6-14-16)

(a)

Performance standards—general:

(1)

Compliance required: No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazards; noise or vibration; smoke, dust, odor, or other form of air pollution; heat, cold, dampness, electrical, or other substance, condition, or element in such a manner or in such an amount as to adversely affect the surrounding area or adjoining the premise. Any use permitted or not expressly prohibited by this chapter may be undertaken and maintained if it conforms to the regulations of this section limiting dangerous and objectionable elements at the point of determination of their existence.

(2)

Standards:

a.

Smoke: The requirements of the TCEQ.

b.

Particulate matter: The requirements of the TCEQ.

c.

Odor: The requirements of the TCEQ.

d.

Toxic material: The emission of toxic and noxious materials shall not produce concentrations exceeding ten percent of threshold limit values for toxic materials in industry as set forth in "threshold limit values" for the current year as adopted as the annual meeting of the American Conference of Governmental Industrial Hygienists, at a property boundary line.

e.

Glare: No direct or sky-reflected glare, whether from artificial light or from high-temperature processes such as combustion or welding or otherwise shall be allowed to cross a zoning district boundary line, and should be prevented by shielding or other methods or means.

f.

Vibration: No continuous earth borne vibration shall be permitted which is discernible without instruments at the points of measurement along the nearest adjacent property line.

g.

Noise: Any unreasonably loud, disturbing, unnecessary noise in excess of 85 decibels at a distance of 50 feet from the property line which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof is prohibited.

Any noise of such character, intensity and continued duration in excess of 85 decibels at a distance of 50 feet from the property line which substantially interferes with the comfortable enjoyment of a dwelling, hotel or other type of residence by persons of ordinary sensibilities is prohibited.

h.

Fire hazards: The storage, utilization, or manufacture of solid materials or products ranging from incombustible or moderate burning is permitted in accordance with applicable city codes and ordinances. The storage, utilization, or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted in accordance with applicable city codes and ordinances provided the following conditions are met:

Said materials or products shall be stored, utilized or manufactured within complete enclosed buildings having incombustible exterior walls and protected throughout by an automatic fire extinguishing system.

The storage, utilization or manufacture of flammable liquids or gases which produce flammable or explosive vapors, shall be permitted in accordance with Table A.1 (exclusive of storage or finished products in original sealed containers) and the city's fire prevention code as interpreted by the City of Angleton Fire Marshal.

i.

Water pollution: No operation or activity shall discharge or cause to be discharged, liquid or solid waste into public water unless in conformance with the rules and regulations of state agencies having jurisdiction of such discharge.

j.

Liquid or solid waste: No discharge at any point shall be allowed into any public sewer, private sewer disposal system or stream or into the ground, except in accordance with standards approved by the TCEQ, or standards equivalent to those approved in such department, for similar uses, of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial process in sewage treatment or otherwise cause the emission of dangerous or offensive elements. All discharges shall comply with all applicable city ordinances.

(Ord. No. 2009-O-4A, §§ (V)44(44.1), 4-14-09)

(a)

Purpose: Standards for controlling lighting and glare are set forth to reduce the annoyance and inconvenience to property owners and traffic hazards to motorists. These standards are intended to allow reasonable enjoyment of adjacent and nearby property by their owners and occupants while requiring adequate levels of lighting of parking areas.

(b)

Nonresidential site lighting and glare standards:

(1)

Any use shall be operated so as not to produce obnoxious and intense glare or direct illumination across the bounding property line from a visible source of illumination of such intensity as to create a nuisance or detract from the use or enjoyment of adjacent property. All outside lights shall be made up of a light source and reflector so selected that acting together, the light beam is controlled and not directed across any bounding property line above a height of three feet. The allowable maximum intensity measured at the property line of a residential use in a residential district shall be 0.25 foot candles. Light poles shall be placed on the site a setback equal to its height from all adjacent residential property.

(2)

Lighting within the parking areas shall meet the following minimum requirements:

a.

Intensity:

Illumination shall not exceed an average of one foot candle at ground level and shall distribute not more than 0.25 foot candles of light upon any adjacent residentially zoned area.

b.

Height:

1.

The maximum height for poles with lights is 35 feet.

2.

Special lighting or lighting higher than 35 feet may be approved as specifically noted on the applicable required plan (i.e., land development plan, concept plan, site plan).

(c)

Residential lighting and glare standards:

(1)

Residential lighting for security and night recreation use is permitted in all residential districts provided the following requirements are met:

a.

Direct lighting over ten feet in height is shielded from adjacent property.

b.

No light source shall exceed 35 feet in height. Street lights and other traffic safety lighting are exempt from this standard.

c.

Lighting shall not directly shine on adjacent dwellings.

(d)

Luminaires:

(1)

Light sources shall be of a down-light type, indirect, diffused, or shielded type luminaires installed and maintained so as to reduce glare effect and consequent interference with use of adjacent properties and boundary streets. Bare bulbs above 75 watts and strings of lamps are prohibited, except for temporary lighting as provided in subsection 28-106(c) above.

(e)

Special or temporary lighting—low wattage:

(1)

Bare bulbs or strings of lamps are prohibited, except during holidays special lighting shall be permitted for a maximum time period of 45 calendar days for each holiday used.

(f)

Exemptions and exceptions:

(1)

Government, street lights and other public safety lighting shall be exempt from this section.

(Ord. No. 2009-O-4A, §§ (V)(45)(45.1—45.6), 4-14-09)

(a)

Purpose: Standards for controlling home occupations are set forth to minimize annoyance and inconvenience to neighboring property owners within residential areas. These standards are intended to allow reasonable and comfortable enjoyment of adjacent and nearby property by their owners and by occupants of neighboring residential dwellings, while providing opportunities for the pursuit of home-based businesses.

(b)

Special provisions for home occupations:

(1)

Home occupations shall be permitted as accessory use in single- and two-family residential zoning districts provided that they comply with all restrictions herein.

(2)

The occupation shall produce no alteration or change in the character or exterior appearance of the principal building from that of a residential dwelling, and performance of the occupation activity shall not be visible from the street.

(3)

Such use shall be incidental and secondary to the use of the premises for residential purposes, and shall not utilize floor area exceeding 25 percent of the combined gross floor area of dwelling unit and any accessory building(s) that are used for the home occupation (in no case shall the combined floor area utilized solely for a home occupation exceed 500 square feet).

(4)

The occupation shall not employ any person who is not a member of the household in which the home occupation occurs.

(5)

The operation of such an occupation shall be between the hours of 8:00 a.m. and 8:00 p.m. for outdoor activities.

(6)

The occupation activity shall not increase vehicular traffic flow beyond what normally occurs within a residential district, and shall not require regular and frequent deliveries by large delivery trucks or vehicles with a rated capacity in excess of 1½ tons, according to the manufacturer's classification.

(7)

There shall be no outside storage, including trailers, or outside display related to the home occupation use.

(8)

No mechanical or electrical equipment shall be employed on the premises other than that which is customarily found in a home environment, and that which is customarily associated with a hobby or avocation which is conducted solely for pleasure and not for profit or financial gain.

(9)

The home occupation shall not generate noise, vibration, glare, fumes/odors, heat or electrical interference beyond what normally occurs within a residential district.

(10)

The occupation shall not require the use of chemicals on the property that are obnoxious or hazardous to the welfare of the neighborhood.

(11)

The home occupation shall not involve the use of advertising signs or window displays, or any other device that calls attention to the business use of the premises through audio and/or visual means.

(12)

The occupation shall not offer a ready inventory of any commodity for sale on the premises.

(13)

The occupation shall not be harmful or detrimental to the health, welfare and safety of the neighborhood, nor shall it interfere with the comfortable enjoyment of life, property and recreation by residents of the area.

(c)

Applicability of other regulations: Home occupations shall also be subject to any and all other provisions of local, state and/or federal regulations and laws that govern such uses.

(d)

Uses allowed as home occupations: Subject to the provisions of subsection 28- 109(b) above, home occupations may include the following uses:

(1)

Office facility of an accountant, architect, landscape architect, attorney, engineer, consultant, insurance agent, realtor, broker, or similar profession;

(2)

Author, artist or sculptor;

(3)

Dressmaker, seamstress or tailor;

(4)

Music/dance teacher, or similar types of instruction, provided that instruction shall be limited to no more than six pupils at a time;

(5)

Individual tutoring and home schooling;

(6)

Millinery;

(7)

Office facility of a minister, rabbi, priest or other clergyman;

(8)

Home crafts, such as rug weaving, model making, etc.;

(9)

Office facility of a salesman, sales or manufacturer's representative, etc., provided that no retail or wholesale transactions or provision of services are personally and physically made on the premises;

(10)

Repair shop for small electrical appliances, cameras, watches/clocks, small engines rated at ten horsepower or less, and other small items, provided that the items can be carried by one person without using special equipment;

(11)

Food preparation establishments such as cake making/decorating or catering, provided that there is no on-premises consumption by customers, and provided that all aspects of the business comply with all state and local health regulations;

(12)

Registered family homes (see definition in section 28-112), in compliance with applicable state laws, which are incorporated herein by reference, with no more than six children;

(13)

Barber shop/beauty salon or manicure studio;

(14)

Swimming lessons and water safety instruction, provided that such instruction involves no more than six pupils at any one time during daylight hours;

(15)

In-home dog grooming with a specific use permit (SUP) with necessary restrictions as needed for the requested location; and

(16)

Gunsmithing and firearms sales, in compliance with applicable state and federal laws, which are incorporated herein by reference.

(e)

Uses prohibited as home occupations: Home occupations shall not, in any event, be deemed to include the following uses:

(1)

Animal hospitals or clinics, commercial stables, or kennels;

(2)

Schooling or instruction, except swimming/water safety classes and home schooling, with more than six pupils at a time;

(3)

Restaurants or on-premises food or beverage (including private clubs) consumption of any kind, except for limited food/meal consumption associated with the operation of a licensed registered family home;

(4)

Automobile, boat or trailer paint or repair shop; small engine or motorcycle repair shop for engines rated above ten horsepower; welding shop; large household appliance repair shop; or other similar type of business;

(5)

Office facility for a doctor, dentist, veterinarian or other medical-related profession;

(6)

On-premises retail or wholesale sales of any kind;

(7)

Commercial clothing laundering or cleaning;

(8)

Mortuaries or funeral homes;

(9)

Trailer, vehicle, tool or equipment rentals;

(10)

Repair shops or services, except as specifically provided in subsection 28-109(d) above;

(11)

Drapery or furniture upholstery shops;

(12)

Antique, gift or specialty shops;

(13)

Repair shops for any items having internal combustion engines rated above ten horsepower;

(14)

Any use that would be defined by the building code as an assembly, factory/industrial, hazardous, institutional or mercantile occupancy.

(f)

Home occupation uses not classified: Any use that is not either expressly allowed, nor expressly prohibited by subsections 28-109(d) and (e), respectively, is considered prohibited, unless and until such use is classified by amendment to this chapter by the Angleton City Council, subsequent to a recommendation by the planning and zoning commission.

(g)

Effect of section 28-109 upon existing home occupations: Any home occupation that was legally in existence as of the effective date of this chapter and that is not in full conformity with the provisions herein shall be deemed a legal nonconforming use, and is subject to the provisions of section 28-21, provided that the home occupation use was not in violation of any other local, state or federal law or regulation on the effective date of this chapter. Any home occupation that was legally in existence as of the effective date of this chapter and that conforms with (i.e., is not in violation of) the provisions herein shall be hereby authorized to continue.

(Ord. No. 2009-O-4A, §§ (V)(46)(46.1—46.7), 4-14-09; Ord. No. 2010-O-11A, § 3, 11-9-10; Ord. No. 2015-O-5A, §§ 1, 2, 5-12-15; Ord. No. 20210413-026, § 2, 4-13-21)

(a)

Gasoline sales facilities:

(1)

Gasoline service station pump islands that parallel a public street may be located a minimum of 16 feet to the property line adjacent to a public street. For pump islands that are perpendicular or diagonal to a public street, the setback shall be 30 feet in order to prevent vehicles stacking out into the street while waiting for a pump position. Pump islands may extend beyond the front building line as described above (provided that all other requirements of this chapter are met), but shall not be closer than 16 feet to any property line that is not adjacent to a public street.

(2)

Canopies for gasoline service station pump islands shall be located no closer than 15 feet from any street right-of-way line or side or rear property line.

(3)

Any oil draining pit, hydraulic hoists, lubrication and greasing devices, repair equipment and similar appurtenances shall be located at least 20 feet away from any front property line, and at least 30 feet away from any residential zoning district, except where such appurtenances are located wholly within a building.

(4)

Any service station providing self-service dispensing facilities for customers shall provide an emergency shut-off switch which will completely eliminate the flow of fuels from all of the self-service pumps in any emergency situation, and shall be located in the vicinity where the station attendant will be located most of the time.

(5)

Lighting shall be such that it shines downward and does not spill over onto adjacent property (see lighting and glare standards, section 28-108).

(6)

Gasoline service stations which have other uses associated with it (e.g., convenience store, fast food sales, drive-through window service, car wash, dry cleaners, minor or major auto repair, etc.) must be properly zoned for each use to be located on the site (including a SUP, if that zoning district requires such for any of the uses), and the amount of parking and stacking spaces shall be determined cumulatively for all uses (see parking requirements, section 28-101).

(7)

The amount of paved area for gasoline service station sites shall be adequate to accommodate vehicle movements into and out of the site (including large tanker fuel trucks in the vicinity of the fuel storage tanks), but shall be minimized to the greatest extent practical and possible (to reduce storm water runoff, heat and glare, etc.).

(b)

Swimming pools:

(1)

All swimming pools shall be constructed in accordance with the standard swimming pool code as amended by ordinance #2005-0-5A, sections 5-496 and 5-497 of the city Code.

(c)

Extraction of minerals:

(1)

General requirements: Any owner, leasee, or other person, firm, or corporation, having an interest in mineral lands in the AG zoning district only may file an application for a specific use permit (SUP) with the city for authorization to mine minerals therefrom, provided, however, that it shall comply with all requirements of the AG zoning district in which said property is located, and with the following additional requirements:

a.

Distance from property lines: No quarrying operation shall be carried on or any stock pile placed closer than 50 feet to any property line, unless a greater distance is specified by the city council where such is deemed necessary for the protection of adjacent property.

b.

Distance from public right-of-way: In the event that the site of the mining or quarrying operation is adjacent to the right-of-way or any public street or road, no part of such operation shall take place closer than 50 feet to the nearest line of such right-of-way.

c.

Fencing: Fencing shall be erected and maintained around the entire site or portions thereof where, in the opinion of the city council, such fencing is necessary for the protection of the public safety, and such fencing shall be of the type and height specified by the city council.

d.

Equipment: All equipment and machinery shall be operated and maintained in such manner as to minimize dust, noise, and vibration. Access roads shall be maintained in dust-free condition by surfacing or other treatment as may be specified by the city engineer or the city council.

e.

Processing: The actions of crushing, washing, refining or other similar processing may be authorized by the city council as an accessory use within the SUP ordinance, but such actions or processing shall not be in conflict with the use regulations of the district in which the operation is located.

f.

Financial ability: In accepting such SUP request for review, the city council must be satisfied that the proponents are financially able to carry out the proposed mining operation in accordance with plans and specification submitted, and in accordance with city health, safety and welfare standards and ordinances.

g.

Application: An application for a SUP for such operation shall set forth the following information (additional information may be required by the city manager, or by the city council):

1.

Name of land owner from which removal is to be made;

2.

Name of applicant making request;

3.

Name of person or corporation conducting actual removal operation;

4.

Location, description, and size of area from which removal is to be made;

5.

Location of processing plant;

6.

Type of resources or materials to be removed;

7.

Proposed method of removal and if blasting or other use of explosives will be required;

8.

Description of equipment to be used; and

9.

Method of rehabilitation and reclamation of mined area.

h.

Planning and zoning commission recommendation: In accordance with section 28-63, specific use permits, the planning and zoning commission of the City of Angleton shall give its recommendation regarding a SUP to the city council prior to the city council's final determination of application.

i.

Rehabilitation: To guarantee restoration, rehabilitation, and reclamation of mined-out areas, every applicant granted a mining permit as herein provided, shall furnish a surety bond to the City of Angleton, in the amount of not less than $5,000.00, the upper limit to be determined by the city council, as a guarantee that such applicant, in restoring, reclaiming, and rehabilitating such land, shall within a reasonable time, but not more than one year, and shall, to the satisfaction of the city council, meet the following requirements.

1.

Surface rehabilitation: All excavation shall be made either to a water producing depth, such depth to be not less than five feet below the low water mark, or shall be graded or backfilled with non-noxious, non-flammable and non-combustible solids, to secure that the excavated area shall not collect or permit to remain therein stagnant water or that the surface or such area which is not permanently submerged is graded or backfilled as necessary so as to reduce the peaks and depressions, so as to produce a gently running surface that will minimize erosion due to rainfall and which will be in substantial conformity to the adjoining land areas.

2.

Vegetation: Vegetation shall be restored by appropriate seeds, grasses, or planting of shrubs or trees in all parts of said mining area where such area is not to be submerged under water as hereinabove provided.

3.

Banks of excavations: The banks of all excavations not backfilled shall be sloped to the water line at a slope which shall not be less than three feet horizontal to one foot vertical, and said banks shall be seeded.

j.

Additional requirements: In addition to the foregoing, the city council may impose such other conditions, requirements, or limitations concerning the nature and extent of the use and operation of such mines, quarries, or gravel pits as the city council may deem necessary for the protection of adjacent properties and the public interest. The said conditions and the amount of the surety bond shall be determined by the city council prior to issuance of the SUP and issuance of the mining permit. No mining at all will be allowed without a permit as required by this section or by any local, county, state or federal agency.

(d)

Sexually oriented businesses: See chapter 21.4 (ordinance #2488) of the city's Code of Ordinances.

(e)

Alcoholic beverage sales: See chapter 3 of the city's Code of Ordinances.

(f)

Special motor vehicles:

(1)

For the purpose of these regulations, the term "special motor vehicles" is defined as including boats, boat trailers, travel trailers, pickup campers and coaches (designed to be mounted upon automotive vehicles), motorized dwellings (RVs), tent trailers and the like, as well as cases or boxes used for transporting such vehicles, whether occupied by such vehicles or not. No such vehicles shall be used for living, sleeping or housekeeping or similar purposes when parked or stored on a residential lot, or in any location not approved for such use, except as specified in this chapter.

(2)

No special motor vehicle, heavy load vehicle or recreational vehicle shall be left unattended or parked for more than 24 hours within any parking lot, parking space(s), drive aisle, vacant or unused property, or pervious/unpaved surface area (except an appropriately zoned and approved/paved parking lot for such vehicles).

(g)

Amusement devices, arcade, gameroom (four or more devices, indoors only):

(1)

General requirements. Approval of a specific use permit (SUP) is required to establish this use in each of the zoning district where this use is permitted, as set out in section 28-81, Use regulations (Charts), of this chapter. In order to process applications requesting to establish this use, the following information shall be submitted:

a.

Completed SUP application and filing fee. In addition to the application and filing fee, the applicant, if not the owner of the property, shall submit a notarized "appointment of agent" form to affirm that the applicant has the expressed consent of the owner to file an application for the use.

b.

Plan of operation required. The applicant shall submit a detailed plan of operation describing how the proposed "method business" would comply with subsection 21-153(f) Restrictions, regulations, controls, and limitations, and the how the proposed use would function, in terms of days and hours of operation, and the type of devices that are proposed. A conceptual floor plan and site plan shall be required to allow staff to determine the number of off-street parking spaces that are required and if the proposed use would comply with applicable fire and building code requirements.

c.

Itemized list of games. The applicant shall provide an itemized list of the number and types of games that are proposed in the facility. The itemized list shall be subject to review by the Angleton Police Department to confirm that no excluded devises or prizes are proposed.

d.

Background review. The applicant shall describe their experience in operating a game room and cite any other game rooms that they have operated, including the name of the business if conducted in Brazoria County.

e.

Location. The proposed use shall comply with all locational requirements set out in subsection 21-153(f).

(2)

Criteria for docketing.

a.

If the applicant cannot provide all of the information described in this Section, the application shall be considered to be incomplete and may not be docketed until a complete application is provided to the city.

b.

Upon receipt of a complete application, staff will review the application for compliance with all of the general requirements of this section and with subsection 21-153(f). Applications that:

1.

Comply with all requirements shall be docketed;

2.

Do not comply with all requirements shall not be docketed until the application is amended or improvements are proposed to bring the use into compliance with this section and subsection 21-153(f); and

3.

Do not comply with all applicable requirements and are not amended or do not propose improvements to bring the use into compliance shall not be docketed.

4.

If an applicant disputes that the application has failed to comply with all applicable requirements, the applicant may appeal the decision of the city and request planning and zoning commission review and city council action; with an adverse staff recommendation that states the reason(s) why the application does not comply with applicable requirements.

(3)

Processing. SUP applications that are docketed for review and approval shall be processed and dispensed with in accordance with all SUP processes and procedure set out in section 28-63, Specific use permits.

(Ord. No. 2009-O-4A, §§ (V)(47)(47.1—47.6), 4-14-09; Ord. No. 1-08-2018, § 2, 8-7-18)

(Ord. No. 2009-O-4A, §§ (V)(48), 4-14-09)

For the purpose of these regulations, certain terms and words are to be used and interpreted as defined hereinafter. Words used in the present tense shall also include the future tense; words used in the masculine gender shall also include the feminine gender; words used in the singular number shall also include the plural number; and words in the plural number shall also include the singular number, except where the natural construction of the writing indicates otherwise. The word "shall" is mandatory and not directory. For any term or use not defined herein, Webster's Dictionary (latest edition) shall be used.

Accessory building (residential): In a residential district, a subordinate building that is attached or detached and is used for a purpose that is customarily incidental to the main structure but not involving the conduct of a business (i.e., the building area must be significantly less than that of the main structure). Examples may include, but are not limited to, the following: a private garage for automobile storage, tool shed, greenhouse as a hobby (no business), home workshop, children's playhouse, storage building, garden shelter, etc.

Accessory building (business or industry): In the nonresidential districts, a subordinate building to the main building that does not exceed the height of the main building and does not exceed 50 percent of the floor area of the main building, and that is used for purposes accessory and incidental to the main use (see "accessory use").

Accessory use: A use that is customarily incidental, appropriate and subordinate to the principal use of land or building(s) and that is located upon the same lot therewith (i.e., the land/building area that is used for the accessory use must be significantly less than that used for the primary use, and/or the gross receipts/income that is derived from the accessory use must be significantly less than that derived from the primary use).

Airport or landing field: A place where aircraft can land and take off that is usually equipped with hangars, facilities for aircraft refueling and repair, and various accommodations for passengers.

Alley: A minor right-of-way that is dedicated to public use and which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.

Ambulance service: Provision of private (not operated by the City of Angleton) emergency transportation which may include mobile medical care, and which may include storage and maintenance of vehicles.

Amusement arcade (also video arcade): Any building, room, place or establishment of any nature or kind, and by whatever name called, including but not limited to, amusement redemption machine game rooms, as defined in Code of Ordinance, City of Angleton, section 21-151, where more than ten percent of the public floor area is devoted to four or more amusement devices that are operated for profit, whether the same is operated for a profit, whether the same is operated in conjunction with any other business or not, including but not limited to, such amusement devices as coin-operated pinball machines, video games, electronic games, shuffle boards, pool tables or other similar amusement devices. However, the term "amusement device," as used herein, shall not include musical devices, billiard tables which are not coin-operated, machines that are designed exclusively for small children, and devices designed to train persons in athletic skills or golf, tennis, baseball, archery or other similar sports.

Amusement, commercial (indoor): An amusement enterprise that is wholly enclosed within a building which is treated acoustically so that noise generated by the enterprise is not perceptible at the bounding property line, and that provides activities, services and/or instruction for the entertainment of customers or members, but not including amusement arcades. Uses may include, but are not limited to, the following: bowling alley, ice skating rink, martial arts club, racquetball/handball club, indoor tennis courts/club, indoor swimming pool or scuba diving facility, and other similar types of uses.

Amusement, commercial (outdoor): An amusement enterprise offering entertainment and/or games of skill to the general public for a fee wherein any portion of the activity takes place outdoors and including, but not limited to, a golf driving range, archery range, miniature golf course, batting cages, go-cart tracks, amusement parks, and other similar types of uses.

Animal grooming/pet shop: A retail establishment offering small animals, fish and/or birds for sale as pets, where such creatures are housed within the building, and which may include the grooming of dogs, cats and similar animals.

Antique shop, sales indoors: A retail or wholesale establishment engaged in the selling of works of art, architectural antiques, furniture and/or other artifacts of an earlier period (i.e., over 50 years old) and that are in clean, operable and saleable condition (i.e., not junk), with all sales and storage occurring inside a building. An antique shop is differentiated from a "used merchandise store," a "resale shop" or a "consignment shop" in that it does not market common, contemporary used household goods, clothing or furnishings. Rather, it deals primarily in vintage and nostalgia items (generally over 50 years old) and in antiquities (generally over 100 years old) from past eras.

Art gallery or museum: An institution for the collection and/or display of bona fide objects of art or science, and which is typically sponsored by a public or quasi-public agency and generally open to the public. An art gallery/museum can include a small gift shop that sells items to visitors provided that such sales are clearly accessory to the primary use as a gallery/museum. An establishment that sells new art or science objects on the retail market shall be defined as a "retail store," and an establishment that sells used objects (or parts of objects) shall be defined as a "used merchandise store."

Assisted living facility: A congregate residence facility for elderly (over 55 years of age) persons, regardless of legal relationship, who need limited assistance with daily living activities. A limited number of support services such as meals, laundry, housekeeping, transportation, social/recreational activities, hairdressing, etc., may be provided or associated with the assisted living facility. Units may be attached or detached, single- or double-occupancy, and may include limited or full kitchen facilities. Full-time medical or nursing care is not typically provided by the facility, but may be privately arranged for by individual residents on a part-time or temporary basis (e.g., visiting nurses, etc.).

Auto laundry or car wash: Washing, waxing or cleaning of automobiles or light duty trucks.

(1)

Attended auto laundry or car wash: The owner of the vehicle does not actually wash the vehicle. Instead, he either leaves the vehicle and comes back to retrieve it later, or he waits in a designated area while employees of the car wash facility vacuum, wash, dry, wax and/or detail the vehicle for a fee.

(2)

Unattended auto laundry or car wash: The owner of the vehicle causes the vehicle to become washed. One type of unattended car wash facility utilizes automated self-service (drive-through/rollover) wash bays and apparatus in which the vehicle owner inserts money or tokens into a machine, drives the vehicle into the wash bay, and waits in the vehicle while it is being washed. The other type of unattended facility is comprised of wand-type self-service (open) wash bays in which the vehicle owner drives the vehicle into the wash bay, gets out of the vehicle, and hand washes the vehicle with a wand-type apparatus by depositing coins or tokens into a machine.

Auto finance and leasing: Leasing of automobiles, motorcycles, and light load vehicles but no outside storage.

Auto parts and accessory sales (indoors): The use of any building or other premise for the primary inside display and sale of new or used parts for automobiles, panel trucks or vans, trailers, or recreation vehicles.

Auto rental: Storage or renting of automobiles and light trucks.

Auto sales (new): Retail sales of new automobiles or light load vehicles, including, as a minor part of the business, the sales of used automobiles or light load vehicles and the service of new or used vehicles.

Auto sales (used): Retail sales, or offering for sale, used automobiles or light load vehicles.

Auto storage or auto auction: The storage or impoundment, on a lot or tract which is paved in accordance with parking lot paving requirements set forth in this chapter, of operable automobiles for the purpose of holding such vehicles for sale, distribution and/or storage. This definition shall not include the storage of wrecked or inoperable vehicles (see "wrecking yard").

Automobile: A self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and people including but not limited to the following: passenger cars, light duty trucks and sport utility vehicles, vans and mini-vans, motor scooters and motorcycles.

Automobile accessory installation (minor): Minor installation of minor automobile accessories such as car alarms, radio and stereo equipment, window tinting, pin striping, cellular telephones and similar accessories.

Automobile repair garage: An establishment providing major or minor automobile repair services to all motor vehicles except heavy load vehicles.

Automobile repair, major: General repair or reconditioning of engines, air-conditioning systems and transmissions for motor vehicles; wrecker service; collision repair services including body, frame or fender straightening or repair; customizing; painting; vehicle steam cleaning; undercoating and rust proofing; those uses listed under "automobile repair, minor;" and other similar uses.

Automobile repair, minor: Minor repair or replacement of parts, tires, tubes and batteries; diagnostic services; minor maintenance services such as grease, oil, spark plug and filter changing; tune-ups; emergency road service; replacement of starters, alternators, hoses and brake parts; automobile washing and polishing; performing state inspections and making minor repairs necessary to pass said inspection; normal servicing of air-conditioning systems; and other similar minor services for motor vehicles except heavy load vehicles, but not including any operation named under "automobile repair, major" or any other similar use.

Automotive gasoline or motor fuel service station: Any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of automotive fuels, lubricants and automobile accessories, including those operations listed under "automobile repair, minor." Vehicles which are inoperative or are being repaired may not remain parked outside these facilities for a period greater than 48 hours.

Bakery or confectionery (retail): A facility which is typically less than 5,000 square feet in size for the production and/or sale of baked goods for human consumption such as (but not limited to) pies, cakes, cookies, doughnuts, desserts, etc.

Bakery or confectionery (wholesale or commercial): A manufacturing facility which is typically over 5,000 square feet in size for the production and distribution of baked goods and confectioneries to retail outlets.

Ballroom dancing: An establishment open to the general public for dancing (any sales of alcoholic beverages for on-premises consumption shall be subject to requirements and use restrictions for private clubs) — see definition for "private club."

Bank, savings and loan, or credit union: An establishment for the custody, loan, exchange and/or issue of money, the extension of credit, and/or facilitating the transmission of funds.

Barn: A structure intended for the purpose of storing farming and ranching related equipment and/or housing livestock.

Basement (or cellar): A portion of a building that is partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when more than one-half of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises.

Bed and breakfast inn or facility: A dwelling occupied as a permanent residence by an owner or renter which serves breakfast and provides or offers sleeping accommodations in not more than five rooms for transient guests for compensation.

Block: A piece or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the city manager shall determine the outline of the block.

Boarding or rooming house: A dwelling other than a hotel, where for compensation and by prearrangement for definite periods, lodging and/or meals are provided.

Building: Any structure intended for shelter, occupancy, housing or enclosure for persons, animals or chattel. When separated by dividing walls without openings, each portion of such structure so separated shall be deemed a separate building.

Building, front: The front of the building shall be considered as that side of the building which faces the street that the property is addressed to.

Building height: The vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitched or hipped roof.

Building line: A line parallel, or approximately parallel, to any lot line at a specific distance therefrom, marking the minimum distance from the lot line that a building may be erected (see illustration 7).

Building, main or primary: A building in which the principal use of the lot on which it is situated is conducted. In a residential district any dwelling shall be deemed to be a main building on the lot on which it is situated.

Building materials and hardware sales (indoor or outdoor): Materials, tools, and/or hardware customarily used in the construction of buildings and other structures, including facilities for storage of materials for retail sales. Sometimes referenced as a "home improvement center." "Outdoor" means the storage of materials and products outside of the main building.

Building official: The inspector or administrative official charged with responsibility for issuing permits and enforcing the zoning ordinance and building code of the City of Angleton.

Building site: See "lot" definition.

Bus station or terminal: Any premises for the transient housing and/or parking of motor-driven buses and the loading and unloading of passengers.

Caretakers' or guards' residence: A residence located on a premises with a main residential or nonresidential use and occupied only by a caretaker or guard employed on the premises (e.g., residence for guard in a private street development, residence for a guard/manager/caretaker for a self-storage facility or a restricted access business park, etc.).

Carnival, circus or tent service (temporary): Outdoor or indoor commercial amusement provided on a temporary basis.

Carport: A structure that is open on a minimum of two sides and designed or used to shelter vehicles. Also called "covered parking area."

Cemetery or mausoleum: Land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery.

Cemetery, animal: Same as cemetery except only for the burial of dead animals.

Certificate of occupancy: An official certificate issued by the city through the city manager which indicates conformance with the zoning regulations and building codes and which authorizes legal use of the premises for which it is issued.

Child care center (or day care center or child nursery): A commercial institution or place designed for the care or training of seven or more unrelated children under 14 years of age for less than 24 hours a day.

Church, rectory or temple: A building for regular assembly for religious worship which is used primarily and designed for such purpose and those accessory activities which are customarily associated therewith, and the place of residence for ministers, priests, nuns or rabbis on the premises (tax exempt as defined by state law). For the purposes of this chapter, religious study and other similar activities which occur in a person's primary residence shall not apply to this definition.

City council: The governing body of the City of Angleton, Texas.

City of Angleton: The City of Angleton, Texas; sometimes referred to as the "city."

Civic center: A building or complex of buildings that may house municipal offices and services, and which may include cultural, recreational, athletic, food service, convention and/or entertainment facilities owned and/or operated by a municipality.

Cleaning plant (commercial/wholesale): An industrial facility where fabrics are cleaned with substantially nonaqueous organic solvents on a commercial or wholesale basis.

Cleaning shop or laundry (small shop, pick-up and self-service): A custom cleaning shop not exceeding 5,000 square feet of floor area and may include customer self-service laundry and cleaning.

College or university: An academic institution of higher learning, accredited or recognized by the state and covering a program or series of programs of academic study.

Commercial amusement (indoor): See amusement, commercial (indoor).

Commercial amusement (outdoor): See amusement, commercial (outdoor).

Communication equipment sales and service: A retail store that provides sales and service for personal communication devices such as cellular phones and pagers.

Community center (public): A building or complex of buildings that house cultural, recreational, athletic, food service and/or entertainment facilities owned and/or operated by a governmental agency or private nonprofit agency.

Community home: A place where not more than six physically or mentally impaired or handicapped persons are provided room and board, as well as supervised care and rehabilitation by not more than two persons as licensed by the Texas Department of Mental Health and Mental Retardation (also see V.T.C.A., Human Resources Code Ch. 123).

Community market: A designated location used for the distribution and sale directly to consumers of food products by farmers or other producers. See Chapter 229, Subchapter FF, § 229.702 Definitions of the Texas Administrative Code, as amended, for the definition of food. In addition, community markets allow arts and crafts items; plants; bakery goods; beverages; delicatessen; and grocery items. All food items must comply with the current Texas Food Establishment rules, the Texas Cottage Food Law, and the City of Angleton Food Service Ordinances.

Comprehensive plan: Document adopted by the city that consists of graphic and textual policies which govern the future development of the city and which consists of various components governing specific geographic areas and functions and services of the city.

Concrete or asphalt batching plant (permanent): A permanent manufacturing facility for the production of concrete or asphalt.

Concrete or asphalt batching plant (temporary): A temporary manufacturing facility for the production of concrete or asphalt during construction of a project, and to be removed when the project is completed.

Consignment shop/re-sale shop (also thrift store): See "used merchandise store."

Continuing care retirement community: A housing development designed to provide a full range of accommodations for older adults (55 years of age or older), including independent living, assisted living and skilled full-time nursing or medical care. Residents may move from one level to another as their needs change.

Contractor's shop with outside storage yard: A building, part of a building, or land area for the construction or storage of materials, equipment, tools, products, and vehicles.

Convenience store with (or without) gasoline sales: Retail establishment selling food for off-premises consumption and a limited selection of groceries and sundries (and possibly gasoline, if pumps are provided). Does not include or offer any automobile repair services.

Copy shop or printing: An establishment which reproduces, in printed form, individual orders from a business, profession, service, industry or government organization and occupies less than 5,000 square feet.

Country club (private): A land area and buildings which may include a golf course, clubhouse, dining room, swimming pool, tennis courts and similar recreational or service uses available only to members and their guests.

Court: An open, unobstructed space, bounded on more than two sides by the walls of a building. An inner court is entirely surrounded by the exterior walls of a building. An outer court has one side open to a street, alley, yard, or other permanent open space.

Coverage: The lot area covered by all buildings located thereon, including the area covered by all overhanging roofs.

Custom personal service shop: Tailor, dressmaker, shoe shop, barber shop, beauty shop or similar shop offering custom service.

Day camp for children: A facility arranged and conducted for the organized recreation and instruction of children including outdoor activities on a daytime basis.

Density: The total number of residential buildings allowed upon a given tract of land usually expressed in total number of units per net acre (i.e., not including street rights-of-way, HOA common/landscaping areas, parks, floodplains, etc.).

Detached: Having no physical connection above the top of the floor line of the first floor with any other building or structure.

Distribution center: Building or facility used for the storage and distribution of wholesale items/products.

Drainage: Adequate provision for drainage shall be made to drain the pool into the city's sanitary sewer system, in accordance to the city's regulations pertaining to same.

Drapery or furniture upholstering shop: An establishment for the production, display and sale of draperies and soft coverings for furniture.

Dwelling: Any building or portion thereof, which is designed or used as living quarters for one or more families.

Dwelling, single-family attached (townhouse): See "single-family dwelling (attached)."

Dwelling size/area: The total square footage of a dwelling unit, including only the livable (i.e., air-conditioned) space within the home (i.e., not the garage, accessory buildings, etc.).

Easement: A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.

Educational facilities: Public and private primary, secondary and post-secondary educational facilities offering instruction in the branches of learning and study required to be taught by the Texas Education Agency; and such federally funded educational programs for preschool children as the Head Start Program.

Electrical substation (high voltage bulk power): A subsidiary station in which electric current is transformed.

Enclosed building: A structure which is floored, roofed and surrounded by outside walls, which contains no opening larger than 120 square feet in area normally open to the air and which contains no series of openings forming a divided opening larger than 120 square feet in area normally open to the air. Includes an enclosed garage.

Fairgrounds or exhibition area: An area or space either outside or within a building for the display of topic-specific goods or information.

Family: One or more persons related by blood, marriage, or adoption; or a group not to exceed four persons not all related by blood or marriage, adoption or guardianship, occupying a dwelling unit.

Family home (child care in place of residence): A facility that regularly provides care in the caretaker's own residence for not more than six children under 14 years of age, excluding the caretaker's own children, and that provides care after school hours for not more than six additional elementary school siblings of the other children given care. However, the number of children, including the caretaker's own, provided care at such facility shall not exceed 12 at any given time. No outside employment is allowed at the facility. This facility shall conform to V.T.C.A., Human Resources Code Ch. 42, as amended, and in accordance with such standards as may be promulgated by the Texas Department of Human Resources.

Farm, ranch, garden, crops or orchard: An area used for growing farm products, vegetables, fruits, trees, and grain and for the raising thereon of farm animals such as horses, cattle, and sheep. May also include the necessary accessory uses for raising, treating, and storing products raised on the premises, but does not include the commercial feeding of offal or garbage to swine or other animals. Also does not include any type of agriculture or husbandry specifically prohibited by ordinance or law.

Farmers market: A designated location used for the distribution and sale directly to consumers of food products by farmers or other producers. See Chapter 229, Subchapter FF, § 229.702 Definitions of the Texas Administrative Code, as amended, for the definition of food. All food items must comply with the current Texas Food Establishment rules, the Texas Cottage Food Law, and the City of Angleton Food Service Ordinances.

Feed and grain store: An establishment for the selling of corn, grain and other food stuffs for animals and livestock, and including implements and goods related to agricultural processes, but not including farm machinery.

Fire, police or municipal building: Any public service building of the municipal government including a library or City Hall, but excluding storage yards, utility shops and equipment centers.

Floodplain: An area of land subject to inundation by a 100-year frequency flood as determined using standard engineering practices and generally as shown on the FIRM Flood Insurance Rate Map of the City of Angleton.

Floor area: The total gross square feet of floor space within the outside dimensions of a building including each floor level, but excluding carports, residential garages, and breezeways.

Floor area ratio (far): The floor area of a main building or buildings on a lot, divided by the lot area (see illustration 1).

Florist shop: An establishment for the display and retail sale of flowers, small plants and accessories.

Food processing: A manufacturing or light industrial use that primarily deals with the processing and packaging of food (such as dairy or grain) products that are intended for human consumption, but which are not typically sold in volume to end users on the premises. Incidental retail sales of food products (e.g., bread and baked goods, dairy products such as cheese, etc.) created and packaged on the premises may be allowed as an accessory use.

Food store: A retail business establishment that displays and sells consumable goods that are not to be eaten on the premises. Prepared food may be sold only as a secondary or accessory use.

Franchised private utility (not listed): A utility such as one distributing heat, chilled water, closed circuit television or similar service and requiring a franchise to operate in the City of Angleton.

Fraternal organization, lodge, civic club, or union: An organized group having a restricted membership and specific purpose related to the welfare of the members such as Elks, Masons, Knights of Columbus, or a labor union.

Front yard: See "yard, front."

Funeral home or mortuary: A place for the storage of human bodies prior to their burial or cremation, or a building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.

Furniture, home furnishings or appliance stores: This group includes retail stores selling new goods for furnishing the home including, but not limited to furniture, floor coverings, draperies, glass and chinaware, domestic stoves, refrigerators, and other household electrical and gas appliances.

Furniture store (new and used): Same as above except sales may include used items.

Garage, private: An enclosed accessory building, or a part of a main building, used for storage of automobiles and used solely by the occupants and their guests. Also called "enclosed parking space."

Garage/accessory dwelling: A residential dwelling unit attached to or over a garage but not attached to the main residential structure.

Garden shop: A facility which is engaged in the selling of flowers, ornamental plants, shrubs, trees, seeds, garden and lawn supplies, and other materials used in planting and landscaping, but not including cultivation and propagation activities outside a building.

Gasoline service or filling station: See "automotive gasoline or motor fuel service station."

General commercial plant: Establishments other than personal service shops for the treatment and/or processing of products as a service on a for-profit basis including, but not limited to, newspaper printing, laundry plant, or cleaning and dyeing plants.

General manufacturing: See "industrial, manufacturing."

General retail stores: This major group includes retail stores which sell a number of lines of primarily new merchandise including, but not limited to, dry goods, apparel and accessories, furniture and home furnishings, small wares, small appliances, hardware, and food. The stores included in this group are known as department stores, variety stores, general merchandise stores, general stores, etc. (also see "retail shop").

Golf course: An area of 20 acres or more improved with trees, greens, fairways, hazards, and which may include clubhouses.

Government building or use (county, state or federal): Any building, land, area and/or facility (including maintenance/storage yards and shops) which is owned, leased, primarily used and/or occupied by any subdivision or agency of the following: The State of Texas, the United States, or other public utility or agency. Any facility which is owned, leased, used and/or occupied by the City of Angleton is defined as "municipal facility or use."

Group day care home: A facility that provides care for seven to 12 children under 14 years of age less than 24 hours a day.

Gymnastic or dance studio: A building or portion of a building used as a place of work for a gymnast or dancer or for instructional classes in gymnastics or dance.

Hauling or storage company: See "motor freight company."

Heavy load vehicle: A self-propelled vehicle having a manufacturer's recommended Gross Vehicle Weight (GVW) of greater than 16,000 pounds (including trailers), such as large recreational vehicles more than 35 feet in length (originally manufactured as RVs, not converted), tractor-trailers, buses, vans, and other similar vehicles. The term "truck" shall be construed to mean "heavy load vehicle" unless specifically stated otherwise.

Heavy machinery repair: Refers to the repair of heavy-duty vehicles, specially designed for executing construction tasks, most frequently ones involving earthwork operations. They are also known as heavy equipment, heavy trucks, construction equipment, engineering equipment, heavy vehicles, or heavy hydraulics. They usually comprise five equipment systems: implement, traction, structure, power train, control and information.

Heavy machinery sales and storage: A building or open area used for the display, sale, rental or storage of heavy machinery, tractors or similar machines, or a group of machines which function together as a unit.

Heliport: An area of land or water or a structural surface which is used, or intended for use, for the landing and taking off of helicopters, and any appurtenant areas which are used, or intended for use for heliport buildings and other heliport facilities.

Helistop: The same as a heliport, except that no refueling, maintenance, repairs or storage of helicopters is permitted.

Home for aged, residence: A home where elderly people are provided with lodging and meals without nursing care being a primary function.

Home improvement center: An establishment that offers for sale materials, tools and/or hardware customarily used in the construction of buildings and other structures, and that can include facilities for storage of such materials (if allowed in the zoning district).

Home occupation: An occupation carried on in a dwelling unit, or in an accessory building to a dwelling unit, by a resident of the premises, which occupation is clearly incidental and secondary to the use of the premises for residential purposes (see section 28-109).

Hospital (acute care): An institution where sick or injured patients are given medical and/or surgical treatment intended to restore them to health and an active life, and which is licensed by the State of Texas.

Hospital (chronic care): An institution where those persons suffering from illness, injury, deformity and/or deficiencies pertaining to age are given care and treatment on a prolonged or permanent basis and which is licensed by the State of Texas.

Household appliance service and repair: The maintenance and repair of appliances that are customarily used in the home including, but not limited to, washing and drying machines, refrigerators, dishwashers, trash compactors, ovens and ranges, countertop kitchen appliances, vacuum cleaners, etc., but not including appliances/equipment which have internal combustion engines.

Household care facility: A dwelling unit which provides residence and care to not more than nine persons, regardless of legal relationship, who are elderly; disabled; orphaned, abandoned, abused, or neglected children; victims of domestic violence; or rendered temporarily homeless due to fire, natural disaster or financial setbacks, living together with not more than two supervisory personnel as a single housekeeping unit. This definition is subject to V.T.C.A., Human Resources Code § 247.001 et seq. (Personal Care Facility Licensing Act), and V.T.C.A., Human Resources Code § 123.001 et seq. (Community Homes for Disabled Persons Location Act), as they presently exist or may be amended in the future.

Household care institution: A facility which provides residence and care to ten or more persons, regardless of legal relationship, who are elderly; disabled; orphaned, abandoned, abused, or neglected children; victims of domestic violence; convalescing from illness; or temporarily homeless due to fire, natural disaster, or financial setback together with supervisory personnel.

In-home dog grooming: The hygienic care and cleaning of not more than four dogs, including any dogs owned, possessed, or kept by the resident of the premises.

Incidental or accessory retail and service uses: Any use different from the primary use but which compliments and/or supplements the primary use (for example, a sundries shop that serves tenants of an office building or hospital). Incidental shall mean an area which constitutes not more than 20 percent of the building or space occupied by the primary use.

Industrial, manufacturing: Establishments engaged in the manufacturing or transformation of materials into new products. These establishments are usually described as plants and factories, and characteristically use power driven machines and materials handling equipment. Manufacturing production is usually carried on for the wholesale market, rather than for direct sale to the domestic consumer.

Industrialized home or modular home: See "manufactured housing."

Institution for alcoholic, narcotic or psychiatric patients: An institution offering out-patient treatment to alcoholic, narcotic or psychiatric patients.

Itinerant vendors/vending: Also see chapter 18 of the city's Code of Ordinances.

Kennels (indoor pens): An establishment with indoor pens in which more than four dogs or domesticated animals are housed, groomed, bred, boarded, trained and/or sold for commercial purposes.

Kennels (outdoor pens): An establishment with outdoor pens in which more than four dogs or domesticated animals are housed, groomed, bred, boarded, trained and/or sold for commercial purposes.

Kindergarten school (private): An establishment where more than three children over the age of five are housed for care and/or educational training during the day or portion thereof.

Kiosk: A small, freestanding, one-story accessory structure having a maximum floor area of 100 square feet and used for retail purposes, such as automatic teller machines or the posting of temporary information and/or posters, notices and announcements. If a kiosk is to be occupied, it shall have a minimum floor area of 50 square feet.

Kitchen, residential: Generally, that portion of a residential dwelling that is devoted to the preparation and/or cooking of food for the purpose of consumption by residents of the dwelling. A kitchen, as referred to within this chapter, generally indicates the presence of complete cooking facilities (i.e., stove, oven, refrigerator, and/or microwave oven) as differentiated from a "kitchenette" which provides very limited cooking facilities (i.e., single-burner hot plate, under-counter refrigerator, microwave oven only, etc.).

Laboratory equipment manufacturing: A facility that makes or produces equipment or products used for research or testing.

Laboratory, scientific or research: An establishment that engages in research, testing or evaluation of materials or products, but not medical-related (see "medical facilities/medical laboratory").

Landscaping: Material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms, and nonliving durable materials that are commonly used in landscaping such as, but not limited to, rocks, pebbles, sand, walls or fences, but excluding paving.

Laundromat (or self-serve washateria): A facility where patrons wash, dry and/or dry clean clothing and other fabrics in machines that are operated by the patron.

Light load vehicle: A self-propelled vehicle having a manufacturer's recommended gross vehicle weight (GVW) not greater than 16,000 pounds and having no more than two axles, such as pick-up trucks, sport utility vehicles, vans and mini-vans, recreational vehicles (less than 35 feet in length), campers and other similar vehicles but not including automobiles and motorcycles.

Light manufacturing or industrial use: Manufacturing of finished products or parts, predominantly from previously prepared materials, including fabrication, assembly, and packaging of such products, and incidental storage, sales and distribution of such products, but excluding basic industrial processing. Included in this use is paper manufacturing and/or converting-finishing, which involves the creation of pulp, paper, and/or converted products through a series of vertically connect processes with primary activities that include: manufacturing of pulp by separating the cellulose fibers from other impurities in wood or used paper; manufacturing of paper by matting the pulp fibers into a sheet; and converting paper products produced from paper and other materials by various cutting and shaping techniques which may also include coating and laminating activities.

Loading space: An off-street space or berth used for the delivery and loading/unloading of vehicles.

Local utility line: The facilities provided by a municipality or a franchised utility company for distribution or collection of gas, water, surface drainage water, sewage, electric power or telephone service, including pad- and pole-mounted transformers.

Lot: A platted (as specified in V.T.C.A., Local Government Code Ch. 212) parcel of land that is occupied or intended to be occupied by one main building (or a group of main buildings) and any accessory building(s), which includes such parking, landscaping and open space as are required by this chapter or other laws and/or ordinances, and also which has its principal frontage upon a public street (see Illustrations 7, 8 and 9).

Lot area: The total area, measured on a horizontal plane, included within lot lines.

Lot, corner: A lot which has at least two adjacent sides abutting for their full lengths upon a street, provided that the interior angle at the intersection of such two sides is less than 135 degrees (see Illustration 10).

Lot depth: The mean horizontal distance between the front and rear lot lines (see Illustration 8).

Lot, double frontage: A lot having frontage upon two non-intersecting streets, as distinguished from a corner lot (see Illustration 6).

Lot, flag: A lot having access to a street by means of a parcel of land generally having a depth greater than its frontage, but not less than 30 feet. Flag, or panhandle, lots are typically discouraged.

Lot, interior: A lot other than a corner lot.

Lot frontage: That dimension of a lot or portion of a lot abutting onto a street, excluding the side dimension of a corner lot.

Lot line, front: The line connecting the foremost points of the side lot lines (see Illustration 7). For a lot which has a boundary line which does not abut the front street line, is not a rear lot line, and lies along the same general directional orientation as the front and rear lot lines, said line shall be considered a front lot line in establishing minimum setback lines (see Illustration 22).

Lot, key: A corner lot whose exterior side is adjacent to the front yard of another lot.

Lot line, rear: The lot line farthest from and most parallel to the front lot line. For triangular lots, the point opposite the front lot line shall be considered the rear lot line and have a value of zero (see Illustration 9).

Lot line, side: Any lot line not the front or rear lot line.

Lot lines or property lines: The lines bounding a lot as defined herein.

Lot of record: A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Brazoria County.

Lot width: The horizontal distance measured between side lot lines parallel to the front lot line, and measured from the point on the building line which is closest to the front lot line (see Illustration 7).

Main building: The building or buildings on a lot which are occupied by the primary use.

Manufactured home display or sales (new): The offering for sale, storage, or display of new manufactured housing units (e.g., HUD-Code homes, industrialized homes) on a parcel of land, but excluding the use of such facilities as dwellings either on a temporary or permanent basis.

Manufactured home display or sales (used): The offering for sale, storage, or display of previously owned (i.e., used), movable manufactured housing units (e.g., mobile homes/trailers, HUD-Code homes, industrialized homes) on a parcel of land, but excluding the use of such facilities as dwellings either on a temporary or permanent basis.

Manufactured home park (also trailer park or RV park): A parcel of land designed, improved, or intended to be used for short- or long-term occupancy by manufactured homes/trailers and/or recreational vehicles (including travel trailers) in designated spaces. Facility may include a residence for the owner/manager of the premises, utility hook-ups, accessory structures, playgrounds and open space areas, fenced yard areas for pets, and other similar amenities.

Manufactured home space: A plot of ground within a manufactured home park, trailer park, RV park, or manufactured home subdivision which is designed for the accommodation of one manufactured home, trailer or RV unit.

Manufactured home subdivision: A parcel of land which is designed, platted, improved and intended for the long-term placement of individually owned manufactured home units, including HUD-Code manufactured homes, on platted lots which can be purchased outright by the owners of the manufactured home units. Facility may include a residence for the owner/manager of the premises, utility hook-ups, accessory structures, playgrounds and open space areas, fenced yard areas for pets, and other similar amenities.

Manufactured housing: Any one of three types of prefabricated housing products which are typically manufactured/assembled at a location other than the end user's permanent site, and which are regulated by the Texas Manufactured Housing Standards Act (V.T.C.A., Occupations Code Ch. 1201). For the purpose of this chapter, there are three types of manufactured homes:

(1)

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 or 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.

(2)

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 or 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 recreational vehicle, as that term is defined herein.

(3)

Industrialized home (also called modular prefabricated structure or modular home): A residential structure that is designed for the use and occupancy of one or more families, that is constructed in one or more modules or constructed using one or more modular components built at a location other than the permanent residential site, and that is designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system. The term includes the plumbing, heating, air conditioning, and electrical systems. The term does not include any residential structure that is in excess of three stories or 49 feet in height, as measured from the finished grade elevation at the building entrance to the peak of the roof. The term shall not mean nor apply to: (a) housing constructed of sectional or panelized systems not utilizing modular components; or (b) any ready-built home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location. The term does not include mobile homes or HUD-Code manufactured homes as defined in the Texas Manufactured Housing Standards Act (V.T.C.A., Occupations Code Ch. 1201). Industrialized homes must meet all applicable local codes and zoning regulations that pertain to construction of traditional site constructed ("stick built") homes.

(4)

Occupations code controls conflict: Any conflicts in the language of these definitions and the same or similar definitions in V.T.C.A., Occupations Code § 1201.003 will be resolved in favor of the Occupations Code so that these definitions shall be identical to those in V.T.C.A., Occupations Code § 1201.003.

Masonry construction: (See section 28-105).

Mausoleum: Property used for the interring of the dead and where bodies are interred above ground in staked vaults.

Medical facilities:

(1)

Medical clinic or office: A facility or group of offices for one or more physicians for the examination and treatment of ill and afflicted human outpatients provided that patients are not kept overnight except under emergency conditions.

(2)

Dental office or doctors office: Same as medical clinic.

(3)

Hospital (acute care/chronic care): An institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central services facilities, and staff offices which are an integral part of the facilities.

(4)

Massage establishment: Any place of business in which massage therapy is practiced by a massage therapist, as defined and licensed by state law. "Massage therapy," as a health care service, means the manipulation of soft tissue for therapeutic purposes. The term includes, but is not limited to, effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics, either by hand or with mechanical or electrical apparatus for the purpose of body message. Massage therapy may include the use of oil, salt glows, heat lamps, hot and cold packs, tub, shower or cabinet baths. Equivalent terms for "massage therapy" are massage, therapeutic massage. Massage and "therapeutic" do not include diagnosis, the treatment of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law.

(5)

Public health center: A facility primarily utilized by a health unit for providing public health services including related facilities such as laboratories, clinics and administrative offices operated in connection therewith.

(6)

Sanitarium: An institution providing health facilities for inpatient medical treatment or treatment and recuperation making use of natural therapeutic agents.

(7)

Surgical out-patient facility: An establishment offering any type of surgical procedures and related care which, in the opinion of the attending physician, can be performed safely without requiring inpatient overnight hospital care and exclusive of such surgical and related care as licensed physicians ordinarily may elect to perform in their private offices.

(8)

Medical laboratory: An indoor establishment that includes laboratories and/or experimental equipment for medical testing, prototype design and development, and product testing.

Micro winery: A facility in which up to 5,000 gallons of wine is annually produced for distribution and sale, and which possesses the appropriate license from the State of Texas. Tasting rooms for the consumption of on-site produced wine is permitted.

Mini-warehouse: Small individual storage units for rent or lease, restricted solely to the storage of items. The conduct of sales, business or any other activity within the individual storage units, other than storage, shall be prohibited.

Minor medical emergency clinic: See "medical clinic or office."

Model home: A dwelling in a developing subdivision, located on a legal lot of record, that is limited to temporary use as a sales office for the subdivision and to provide an example of the dwellings which have been built or which are proposed to be built within the same subdivision.

Motel or hotel: A facility offering temporary lodging accommodations or guest rooms on a daily rate to the general public (for stays of generally 14 days or less) and providing additional services, such as restaurants, meeting rooms, housekeeping service and recreational facilities. A guest room shall be defined as a room designed for the overnight lodging of hotel guests for an established rate or fee.

Motel or hotel, extended stay: A facility offering temporary lodging accommodations or guest rooms on a daily rate to the general public (for stays of generally longer than 14 days) and providing additional services, such as restaurants, meeting rooms, housekeeping service and recreational facilities. A guest room shall be defined as a room designed for the overnight lodging of hotel guests for an established rate or fee.

Motorcycle: A usually two-wheeled, self-propelled vehicle having one or two saddles or seats, and which may have a sidecar attached. For purposes of this chapter, motorbikes, all-terrain vehicles (ATVs), motorscooters, mopeds, personal watercraft and similar vehicles are classified as motorcycles.

Motorcycle sales and repair: The display, sale and/or servicing, including repair work, of motorcycles.

Motor freight company: A company using trucks or other heavy load vehicles to transport goods, equipment and similar products. Includes companies that move residential or commercial belongings.

Motor vehicle: Any vehicle designed to carry one or more persons which is propelled or drawn by mechanical power, such as automobiles, vans, trucks, motorcycles and buses.

Multiple-family dwelling: Three or more dwelling units on a single lot designed to be occupied by three or more families living independently of one another, exclusive of hotels or motels. Includes three-family units (triplex) and four-family units (quadriplex), as well as traditional apartments.

Municipal facility or use: Any area, land, building, structure and/or facility (including a park, plaza, swimming pool, tennis court, maintenance building, etc.) which is owned, used, leased or operated by the City of Angleton, Texas.

Nonconforming use: A building, structure, or use of land lawfully occupied as of the effective date of this chapter or amendments thereto, but which does not conform to the use regulations of the district in which it is situated.

Nonprofit activity by church: An activity such as, but not limited to, a rummage sale, bake sale, fundraising event, charitable function, etc. that is clearly in furtherance of the religious institution's tax-exempt (i.e., nonprofit) purpose. An activity that is intended to generate money for profit for the institution does not qualify as a nonprofit activity by a church.

Nursery: An establishment, including a building, part of a building or open space, for the growth, display and/or sale of plants, shrubs, trees and other materials used in indoor or outdoor planting.

Nursing, convalescent or rest home: See "skilled nursing facility."

Occupancy: The use or intended use of the land or buildings by proprietors or tenants.

Office center: A building or complex of buildings used primarily for conducting the affairs of a business, profession, service, industry, government or similar entity, that may include ancillary services for office workers such as a coffee shop, newspaper stand, sundries shop, hair/nail salon, etc.

Office showroom: An establishment with no more than 25 percent of its total floor area devoted to storage and warehousing, but not accessible to the general public. The remaining area may include retail and wholesale sales areas, sales offices, and display areas for products sold and distributed from the storage and warehousing areas.

Office warehouse: An establishment with more than 25 percent of the total floor area devoted to storage and warehousing, but not generally accessible to the public.

Offices, professional and general business: A room or group of rooms used for the provision of executive, management and/or administrative services. Typical uses include administrative offices and services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering, and business offices of public utilities, organizations and associations, but excluding medical offices.

Officially approved place of access: Access to a property, other than from a dedicated street, which is approved by the City of Angleton.

Off-street parking incidental to main use: Off-street parking spaces provided in accordance with the requirements of this chapter, located on the lot or tract occupied by the main use or within 200 feet of such lot or tract, and located within the same zoning district as the main use or in an adjacent parking district.

Outside display: See "outside retail sales".

Outside retail sales/commercial promotion (also "outside display"): Outside display of finished goods that are specifically intended for retail sale by the owner or lessee of the premises (i.e., does not include itinerant vendors).

Outside storage (also "open storage"): The permanent and/or continuous keeping or storing, outside of a building or enclosed storage container, of any goods, materials, merchandise or equipment on a lot or tract for more than 24 hours (i.e., overnight). This definition shall not include items applicable under the definition of "outside retail sales" or licensed and registered vehicles, trucks, equipment and machinery that are operable and used in the normal operations of the business.

Paint shop: A commercial establishment where painting services are performed (but not automotive-related painting services, which would be included under "automobile repair, major").

Parcel: Any unplatted tract of land, or any portion of an unplatted tract of land (also see "tract").

Park or playground (private): See "private recreation facility."

Park or playground (public): See "public recreation."

Parking lot: An off-street (i.e., not on a public street or alley), ground level area, paved in accordance with City of Angleton parking lot standards, for the short- or long-term storage of motor vehicles.

Parking lot or structure, commercial (auto): An area or structure devoted to the parking or storage of automobiles for a fee which may include, in the case of a parking structure only, a facility for servicing automobiles provided that such facility is an internal function for use only by automobiles occupying the structure and that such facility creates no special problems of ingress or egress.

Parking space: An off-street (i.e., not on a public street or alley) area, paved in accordance with City of Angleton parking lot standards, that is used for parking a vehicle, and that is accessed from a paved driveway which connects the parking space with a public street.

Patio home (zero-lot-line dwelling): A single-family dwelling on a separately platted lot which is designed such that one side yard is reduced to zero feet in order to maximize the width and usability of the other side yard, and which permits the construction of a detached single-family dwelling with one side (i.e., wall) of such dwelling placed on the side property line (see section 28-48).

Pawn shop: An establishment where money is loaned on the security of personal property pledged in the keeping of the owners (pawnbroker). Retail sales of primarily used (i.e., pre-owned) items is also allowed, provided that the sale of such items complies with local, state and federal regulations.

Personal service shop or custom personal services: Establishments primarily engaged in providing services generally involving the care of the person or his apparel and including (but not limited to) barber/beauty shops, dressmaking, shoe shining and repair, dry-cleaning and laundry pick-up stations, tailor or seamstress services, and other similar types of uses (no outside storage) that are not otherwise defined specifically herein.

Pet and animal grooming shop: (See "animal grooming/pet shop").

Petroleum distribution/storage/wholesale facility: A facility for the long-term storage and distribution of petroleum that may also involve wholesale sales, but not retail sales, of petroleum and petroleum-based products. No manufacturing or refining of petroleum or petroleum-based products occurs on the premises, only storage and/or distribution functions.

Planned development district: Planned associations of uses developed as integral land use units, such as industrial parks or industrial districts, offices, commercial or service centers, shopping centers, residential developments of multiple or mixed housing, including attached single-family dwellings or any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or by a combination of owners.

Planning and zoning commission: A board which is appointed by the city council as an advisory body, and which is authorized to recommend changes in the zoning of property and other planning functions as delegated by the city council. Also referred to as the "commission."

Plat: A plan showing the subdivision of land, creating building lots or tracts, showing all essential dimensions and other information in compliance with the subdivision standards of the City of Angleton, and which is approved by the City of Angleton and recorded in the plat records of Brazoria County.

Platted lot: See "lot" and "lot of record."

Playfield or stadium (public): An athletic field or stadium owned and operated by a public agency (e.g., City of Angleton, the school district, etc.) for the general public including a baseball field, soccer field, golf course, football field or stadium which may be lighted for nighttime play.

Playfield or stadium (private): An athletic field or stadium owned and operated by an agency other than the City of Angleton or the school district.

Portable building sales: An establishment which displays and sells structures capable of being carried and transported to another location, but not including manufactured homes. Such display is wholly or partially out of doors.

Premises: Land together with any buildings or structures situated thereon.

Primary use: The principal or predominant use of any lot or building.

Principal building: See "main building."

Private club: An establishment providing social and/or dining facilities which may provide alcoholic beverage service, to an association of persons, and otherwise falling within the definition of, and permitted under the provisions of, that portion of V.T.C.A., Alcoholic Beverage Code Tit. 3, Ch. 32, as the same may be hereafter amended, and as it pertains to the operation of private clubs.

Private recreation facility or private park: A recreation facility, park or playground which is not owned by a public agency such as the city or school district, and which is operated for the exclusive use of private residents or neighborhood groups and their guests and not for use by the general public.

Produce stand: A seasonal use for which the primary purpose and design is to sell fruit, nuts, vegetables and similar foods, typically from a non-permanent structure. No cooking or on-premises consumption of produce occurs on the site.

Professional service: Work performed which is commonly identified as a profession, and which may be licensed by the State of Texas.

Propane sales: Retail sales of gaseous substances commonly used for household purposes such as propane and/or butane; does not include the storage, sale or distribution of other types of combustible substances or alternative fuels such as containerized natural gas, liquid propane, etc.

Public recreation: Publicly owned and operated parks, recreation areas, playgrounds, swimming pools and open spaces that are available for use by the general public without membership or affiliation. This land use shall include special event type uses such as rodeos, concerts, festivals and other special events requiring special event permits, as set forth in the City of Angleton's Code of Ordinances.

Public view: Public view means areas that can be seen from any public street.

Rear yard: See "yard, rear."

Recreation center: A place designed and equipped for the conduct of sports, leisure time activities, and other customary and usual recreational activities.

Recreational vehicle (RV): A self-propelled (i.e., motorized), mobile living unit which is typically used for temporary human occupancy away from the users' permanent place of residence. An RV may also be utilized as a permanent place of residence within districts that allow them to be used as such (see also "heavy load vehicle"). Short-term stays are a period of time not to exceed six months. Long-term stays are a period of time that exceeds six months.

Recreational vehicle/camper sales and leasing: An establishment that sells, leases and/or rents new and/or used recreational vehicles, travel trailers, campers, boats/watercraft, and similar types of vehicles.

Recreational vehicle (RV) park: An area or commercial campground for users of recreational vehicles, travel trailers, and similar vehicles to reside, park, rent or lease on a temporary basis. (See also "manufactured home park.")

Recycling kiosk: A small uninhabited structure (120 square feet maximum) or temporary container (e.g., "igloo" or dumpster-type container) which provides a self-service location for the depositing of non-liquid recyclable materials such as aluminum cans (e.g., "can banks"), glass bottles, magazines/newspapers, metal or plastic containers, etc. Recyclables are picked up periodically from the site. This definition does not include large trailers or manned collection centers.

Rehabilitation care facility (halfway house): A dwelling unit which provides residence and care to not more than nine persons regardless of legal relationship who have demonstrated a tendency towards alcoholism, drug abuse, mental illness, or antisocial or criminal conduct living together with not more than two supervisory personnel as a single housekeeping unit.

Rehabilitation care institution: A facility which provides residence and care to ten or more persons, regardless of legal relationship, who have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct together with supervisory personnel.

Residence: Same as a dwelling; also, when used with district, an area of residential regulations.

Residence hotels: A multi-unit, extended stay lodging facility consisting of efficiency units and/or suites with complete kitchen facilities and which is suitable for long-term occupancy. Customary hotel services such as linens and housekeeping, telephones, and upkeep of furniture shall be provided. Meeting rooms, club house, and recreational facilities intended for the use of residents and their guests are permitted. This definition shall not include other dwelling units as defined by this chapter.

Residential district: District where the primary purpose is residential use.

Residential dwelling, existing: Any single-family dwelling (attached or detached), patio home, or two-family dwelling (duplex) constructed before 2014 and located in a non-residential zoning district or any single-family dwelling (attached or detached), patio home, or two-family dwelling (duplex) constructed after 2014 and located on property receiving a subsequent re-zoning designation, after the residential construction, to a non-residential zoning district. Existing residential dwellings that are changed to a non-residential use shall cease to be defined as an existing residential dwelling. Any existing residential dwelling that is damaged or destroyed to the extent of more than 50 percent by fire, force of nature or other unintentional cause, shall be allowed to be reconstructed; provided the reconstruction meets all development standards and requirements set forth by the city and shall thereafter continue to be defined as a residential dwelling, existing.

Restaurant or cafeteria (with drive-through service): An eating establishment where customers are primarily served at tables or are self-served, where food is consumed on the premises, and which may include a drive-through window(s).

Restaurant or cafeteria (with no drive-through service): An eating establishment where customers are primarily served at tables or are self-served, where food is consumed on the premises, and which do not have a drive-through window.

Restaurant or eating place (drive-in service): An eating establishment where food and/or drinks are primarily served to customers in motor vehicles, or where facilities are provided on the premises which encourage the serving and consumption of food in automobiles on or near the restaurant premises.

Retail or service, incidental: The rendering of incidental retailing or services incidental to the primary use. In the office district, for example, such uses may include a barber/beauty shop, smoke shop, news stand, candy counter, restaurant, pharmacy or other incidental activity secondary to the primary office occupancy. Incidental uses shall mean uses which occupy less than 20 percent of the building or space that is occupied by the principal use.

Retail shop (for apparel, gifts, accessories and similar items): An establishment engaged in the selling of goods and merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. (Also see "general retail stores.")

Retirement housing for the elderly (also independent living center or congregate housing): A development providing self-contained dwelling units specifically designed for the needs of the elderly. Units may be rented or owner-occupied. To qualify as retirement housing, a minimum of 80 percent of the total units shall have a household head 55 years of age or greater. No long-term or permanent skilled nursing care or related services are provided.

Room: A building or portion of a building which is arranged, occupied or intended to be occupied as living or sleeping quarters but not including toilet or cooking facilities.

Rooming house: See "boarding house."

Salvage or reclamation of products (also see wrecking yard): The reclamation and storage of used products or materials.

Sand, gravel or stone extraction and/or storage: The process of extracting and/or storing sand, gravel, stone, topsoil, compost or other products from the earth.

School, business: A for-profit business that offers instruction and training in a profession, service or art such as a secretarial or court reporting school, barber/beauty college or commercial art school, but not including commercial trade schools.

School, commercial trade: A for-profit business that offers vocational instruction and training in trades such as welding, brick laying, machinery operation/repair, and similar trades.

School, private (primary or secondary): A school under the sponsorship of a private agency or corporation, other than a public or religious agency, which offers a curriculum that is generally equivalent to public elementary and/or secondary schools.

School, public or parochial: A school under the sponsorship of a public or religious agency which provides elementary and/or secondary curricula, but not including private business or commercial trade schools.

Scientific and industrial research laboratories: Facilities for research including laboratories, experimental equipment, and operations involving compounding or testing of materials or equipment.

Screened: Shielded, concealed, and effectively hidden from the view of a person standing at ground level on an abutting site, or outside the area or feature so screened, by a fence, wall, hedge, berm or similar architectural or landscape feature.

Seasonal uses/items: Seasonal uses include the sales of items such as Christmas trees, holiday decorations, pumpkins, snow cones, fresh produce, spring planting materials, and other items which are typically only available or marketed at certain times of the year in a non-permanent setting (i.e., includes itinerant vendors).

Servant's quarters or guest house: An accessory dwelling in a residential district for the sole use and occupancy of a member of the immediate family or of a person or persons employed on the premises by the occupant on a full-time basis as domestic help such as a maid, nanny/governess, groundskeeper, chauffeur, cook or gardener, but not involving the rental of such facilities or the use of separate utility connections for such facilities.

Sexually oriented business: See chapter 21.4 (Ordinance #2488) of the City's Code of Ordinances.

Shopping center: A group of primarily retail and service commercial establishments that is planned, constructed and managed as a total entity, and which provides customer and employee parking on-site, unloading/delivery areas which are separated from customer access, and aesthetically appropriate design and protection from the elements.

Side yard: See "yard, side."

Single-family dwelling, attached (townhouse): A dwelling which is joined to another dwelling at one or more sides by a party (i.e., shared) wall, which is designed for occupancy by one family, and which is located on a separate lot delineated by front, side and rear lot lines.

Single-family dwelling, detached: A dwelling designed and constructed as a freestanding structure for occupancy by one family, and located on a lot or separate building tract having no physical connection to a building located on any other lot or tract.

Skilled nursing facility (also termed nursing home, convalescent home or long-term care facility): A residence providing primarily in-patient health care, personal care, or rehabilitative services over a long period of time to persons who are chronically ill, aged or disabled and who need ongoing health supervision but not hospitalization.

Small engine repair shop: Shop for the repair of lawn mowers, chain saws, lawn equipment, and other machines with one-cylinder engines.

Stable, commercial: A stable used for the rental of stall space or for the sale or rental of horses or mules.

Stable, private: An area used solely for the owner's private purposes for the keeping of horses, mules or ponies which are not kept for remuneration, hire or sale.

Storage or wholesale warehouse: A building used primarily for the storage of goods and materials.

Story: That portion of a building (above grade), other than a basement, that is included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, then the space between the floor and the ceiling above it. The average height for a story shall be defined as 12 feet. The definition of a story does not include parapets, gables and other normal roof structures. In cases where the site has a significant slope, the number of stories (i.e., height) of a building shall be measured from a point representing the average slope from front to back (or side to side) of the building.

Story, half: A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use. A half-story containing an independent apartment or self-contained living quarters shall be counted as a full story.

Street: Any dedicated public thoroughfare which affords the principal means of access to abutting property. A street is termed a major thoroughfare or arterial when the right-of-way is greater than 60 feet.

Street intersection: Any street which joins another street at an angle, whether or not it crosses the other.

Street yard: The area between the building line and the property line/right-of-way) line. On most lots, this will be the front yard, but in some instances can also be the side yard and/or rear yard, depending on the configuration of the lot to adjacent rights-of-way.

Structure: Anything constructed or erected, the use of which requires location on the ground or which is attached to something having a location on the ground (also see definition of "building").

Structural alterations: Any change in the supporting members of a building, such as load-bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

Studio, health/reducing/fitness: Includes, but is not limited to, an establishment which provides facilities and equipment (e.g., gymnasiums, weight rooms, swimming pools/spas, exercise apparatus, instruction/classes, etc.) which are intended to promote health, fitness, weight reduction and/or similar health-related activities. Such facilities may include such accessory uses as food service, sales of sundries and apparel, and child care services, provided that such accessory uses are clearly incidental to the primary use and are for the use of studio patrons only (i.e., not the general public). No outside signage may be used to advertise accessory uses.

Studio, tattoo or body piercing: A building or portion of a building used for selling and/or applying tattoos (by injecting dyes/inks into the skin), and/or for piercing the skin with needles, jewelry or other paraphernalia, primarily for the purpose of ornamentation of the human body.

Studio for radio and television: A building or portion of a building used as a place for radio or television broadcasting.

Swimming instruction as a home occupation: The teaching of swimming in a private swimming pool. (Also see home occupation regulations, section 28-109.)

Swimming pool, commercial: A swimming pool with accessory facilities which is not part of the municipal or public recreational system and which is not a private swim club, but where the facilities are available for use by the general public for a fee.

Swimming pool, private: A swimming pool constructed for the exclusive use of the residents of a one-family, two-family or multiple-family dwelling and located, fenced and built in accordance with the City of Angleton's Code of Ordinances. A private swimming pool shall not be operated as a business nor maintained in a manner to be hazardous or obnoxious to adjacent property owners.

Telemarketing center: An establishment which solicits business or the purchase of goods and/or services by telephone only. No sales of goods or services to the public occurs at or on the premises. No products are stored at or on the premises.

Telephone and exchange, switching/relay or transmitting station: A line for the transmission of telephone signals and a central office in which telephone lines are connected to permit communication but not including a business office, storage (inside or outside) or repair yards.

Temporary: Used or lasting for only a limited period of time; not permanent.

Temporary building: Any nonresidential prefabricated structure which is not originally manufactured or constructed at its use site, required on-site installation of utilities and/or foundation.

Temporary field office or construction yard or office: A structure or shelter used in connection with a development or building project for housing on the site of temporary administrative and supervisory functions and for sheltering employees and equipment. Temporary permits for one year for a specific time and location as determined may be issued by the city manager and shall be subject to review and renewal for reasonable cause.

Temporary outside retail sales/commercial promotion (also "outside display"): Outside temporary display of finished goods that are specifically intended for retail sale by the owner or lessee of the premises (i.e., does not include itinerant vendors) but not displayed outside overnight.

Tennis court, private: A surface designed and constructed for playing the game of tennis along with all fencing, nets and related appurtenances but excluding lighting for nighttime play in residential areas except as may be otherwise provided or restricted by the specific use permit.

Theater, drive-in (outdoor): An open lot with its appurtenant facilities devoted primarily to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles.

Theater or playhouse (indoor): A building or part of a building devoted to the showing of motion pictures, or for dramatic, musical or live performances.

Tire dealer, no open storage: A retail establishment engaged in the sale and/or installation of tires for vehicles, but without open storage.

Tire dealer, with open storage: A retail establishment engaged in the sale and/or installation of tires for vehicles, with open storage.

Tool and machinery rental shop: A building or a portion of a building used for the display and rental of tools, machinery and instruments.

Tract: A single individual parcel or lot.

Tractor sales: See "heavy machinery sales and storage."

Trade and commercial schools: See "school, commercial trade."

Trailer park or court: See "manufactured home park."

Trailer, hauling: A vehicle or device which is pulled behind an automobile or truck and which is designed for hauling animals, produce, goods or commodities, including boats.

Trailer home: See "manufactured housing, manufactured home."

Trailer or manufactured home space: See "manufactured home space."

Trailer rental: The display and offering for rent of trailers designed to be towed by automobiles and light load vehicles.

Trailer, travel or camping: A portable or mobile living unit which is used for temporary human occupancy away from the users' permanent place of residence, which does not constitute the users' principal place of residence, and which is designed to be towed behind another vehicle. Short-term stays are a period of time not to exceed six months. Long-term stays are a period of time that exceeds six months.

Transportation and utility structures/facilities: Permanent facilities and structures operated by companies engaged in providing transportation and utility services including, but not limited to, railroad track rights-of-way, sewage pumping stations, telephone exchanges, transit station turnarounds, water reservoirs and water pumping stations.

Truck: A light or heavy load vehicle (see definitions for "light load vehicle" and "heavy load vehicle").

Truck and bus repair: An establishment providing major and minor automotive repair services to heavy load vehicles.

Truck and bus leasing: The rental of new or used panel trucks, vans, trailers, recreational vehicles or motor-driven buses in operable condition and where no repair work or intensive cleaning operations are performed.

Truck stop: A facility for the parking, refueling and/or minor repair of heavy load tractor-trailer trucks. These facilities may also include retail sales of food and/or other items, restaurant(s), restroom/showers facilities, and/or temporary sleeping quarters.

Truck terminal: An area and building where cargo is stored and where trucks, including tractor and trailer units, load and unload cargo on a regular basis. May include facilities for the temporary storage of loads prior to shipment.

Truck sales (heavy trucks): The display, sale or rental of new or used heavy load vehicles in operable condition.

Two-family dwelling (duplex): Two attached dwellings in one structure, each designed to be occupied by one family.

Usable open space: An open area or recreational facility which is designed and intended to be used for outdoor living and/or recreation purposes. An area of usable open space shall have a slope not exceeding ten percent, shall have no dimension of less than ten feet, and may include landscaping, walks, recreational facilities, water features and decorative objects such as art work or fountains (see also section 28-50).

Use: The purpose for which land or buildings are or may be occupied in a zoning district.

Used merchandise store (also "resale shop" or "thrift store" or "consignment shop"): An establishment that generally markets common, contemporary used household goods, clothing or furnishings on a straight "for sale" basis or on a consignment basis. This term includes a used merchandise store that is operated by a nonprofit, charitable or religious organization.

Utility distribution/transmission lines: Facilities which serve to distribute and transmit electrical power, gas and water, including but not limited to, electrical transmission lines, gas transmission lines, telephone lines and metering stations, whether operated by the city or private utility company.

Variance: An adjustment in the application of the specific regulations of the zoning ordinance to a particular parcel of property which, because of special conditions or circumstances of hardship peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district. Only the Board of Adjustment of the City of Angleton can grant a variance.

Veterinarian clinic: An establishment where animals and pets are admitted for examination and medical treatment (also see "kennels").

Wrecking yard (junkyard or auto salvage): Any lot upon which two or more motor vehicles of any kind, which are incapable of being operated due to condition or lack of license, have been placed for the purpose of obtaining parts for recycling or resale.

Yard: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except where otherwise specifically provided in this chapter that the building or structure may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the shortest horizontal distance between the lot line and the main building shall be used (see Illustration 7).

Yard, front: A yard located in front of the front elevation of a building and extending across a lot between the side yard lines and being the minimum horizontal distance between the front property line and the outside wall of the main building (see Illustration 7).

Yard, rear: The area extending across the rear of a lot measured between the lot lines and being the minimum horizontal distance between the rear lot line and the rear of the outside wall of the main building. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard (see Illustration 9).

Yard, side: The area between the building and side line of the lot and extending from the front lot line to the rear lot line and being the minimum horizontal distance between a side lot line and the outside wall of the side of the main building (see Illustration 9).

Zero-lot-line dwelling: See "patio home."

Zoning board of adjustment: A board which is appointed by the city council, and which is authorized to make special exceptions to the zoning ordinance (i.e., variances), and to hear and decide any appeals that allege error in an order, requirement, decision or determination made by an administrative official in the enforcement of the zoning ordinance. Also referred to as the "BOA."

Zoning district: A classification applied to any certain land area within the city stipulating the limitations and requirements of land usage and development.

Zoning district map: The official map upon which the boundaries of the various zoning districts are drawn and which is an integral part of the zoning ordinance (see section 28-3, "zoning district map" and section 28-4, "zoning district boundaries").

(Ord. No. 2009-O-4A, §§ (V)(49)(49.1), 4-14-09; Ord. No. 2010-O-11A, § 4, 11-9-10; Ord. No. 2012-O-4A, § 2, 4-24-12; Ord. No. 2013-O-7C, § 7, 7-9-13; Ord. No. 2014-O-2E, § 3, 2-11-14; Ord. No. 2014-O-4A, § 3, 4-8-14; Ord. No. 2014-O-5B, § 3, 5-27-14; Ord. No. 2016-O-6A, § 3, 6-14-16; Ord. No. 2016-O-6B, § 2, 6-14-16; Ord. No. 2016-O-7A, § 1, 7-26-16; Ord. No. 2017-O-2A, § 3, 2-14-17; Ord. No. 20210413-009, § 2(Exh. A), 4-13-21)

(Reserved.)

(Ord. No. 2009-O-4A, §§ (V)(50), 4-14-09)

(Ord. No. 2009-O-4A, §§ (V)(51), 4-14-09; Ord. No. 2015-O-12A, § 2, 12-8-15; Ord. No. 2016-O-6A, § 5, 6-14-16)

Editor's note— Ord. No. 2015-O-12A, deleted Illustrations 19 and 20; Ord. No. 2016-O-6A deleted Illistration 18.