All territory which may hereafter be annexed to the city shall be classified as R-1 residential district, unless otherwise zoned by the governing body of the city. The commission shall, as soon as practicable after annexation of any territory to the city, institute proceedings on its own motion to give the newly annexed territory a zoning designation that is consistent with the master plan, and recommend the same to the city council, and the procedure shall be the same as is provided for by law for the adoption of original zoning regulations.

The commission shall not approve any final plat of any subdivision within the corporate limits of the city until the area contained in the proposed plat shall have been zoned.

In the event the council holds a hearing on proposed annexation, it may, at its discretion and in conformance with the master plan, at the same time hold a hearing upon the permanent zoning that is to be given to the area or tract to be annexed.

All uses of land in projects of ten acres or more, or places of employment of 50 people or more, shall be reviewed by the city engineer, zoning administrator, and the fire marshal prior to the public hearing on a change in zoning (including required site plans) or granting of a special permit. This review is for the purpose of providing the applicant with relevant information regarding land use, flooding, and traffic. Except as required elsewhere in this ordinance, or in other ordinances of the city, all information provided shall be recommendations that are optional on the part of the applicant.

No use shall be permitted, and no permit shall be issued for any construction or to establish a use on any site unless the same is identified in an approved subdivision filed in the Orange County plat records.

No building permit or certificate of occupancy for any multifamily dwelling, commercial and/or industrial use of buildings or lands shall be issued until a site plan has been submitted and approved by the planning and zoning commission. Such site plan shall show, at a minimum, the following:

(a)

The footprint of the building or buildings to be constructed or altered;

(b)

All parking, loading, and driveways to be constructed or altered;

(c)

The location and dimensions of all screening devices, lighting equipment, exterior located equipment such as cooling systems, trash containers, signs, fire hydrants, and sidewalks;

(d)

The location and details of all landscaping and plant materials to be installed;

(e)

Elevations and floor plans of the buildings showing materials, treatments of exteriors, location of balconies, overhangs, and patios;

(f)

A copy of any maintenance agreements or homeowners' association requirements to ensure the perpetual maintenance of all facilities within the development; and

(g)

Such other details of the development as the commission may deem necessary to evaluate the impact of the development on adjoining and surrounding properties.

No building hereafter erected or structurally altered, and no land hereafter occupied or used shall be used, occupied, or changed in use and no building previously erected or land occupied or used shall be changed in use, until a certificate of occupancy has been issued by the building official stating that the building or proposed use of a building or premises complies with the requirements of an inspection made pursuant to the building code.

Whenever a street or alley that formed a district boundary is vacated by the city council, the more restrictive district [adjacent] to the vacated street or alley shall be extended to cover the area so vacated.

On a reverse corner lot in any district, no structure or portion thereof shall be located within five feet of any part of the rear lot line. Further, any portion of a structure which is located within 15 feet of the rear lot line shall observe the same yard requirements on its side street side as are specified by this ordinance for the lot which abuts it to its rear.

(a)

On double-frontage lots, a minimum front yard shall be required on both streets; provided however, that when a principal structure on a double-frontage lot will back upon a major thoroughfare, the minimum rear yard in a residential zoned district (R-1, R-2) may be reduced to 20 feet, when:

(1)

The front and rear yards and building lines therefor are designated on a plat approved by the commission and recorded in the plat records of Orange County, Texas; and

(2)

A screening device is erected along the entire length of the rear property line of all lots backing up to the major thoroughfare.

(b)

Double-frontage residential lots which abut major thoroughfares shall not be permitted to have driveways or other vehicular access to the major thoroughfare. In such cases all access shall be from the interior minor street.

(a)

All residential uses and buildings, and guesthouses, as defined in section 16.08, are principal uses and buildings.

(b)

Accessory buildings, except servants' quarters and guesthouses, located in districts where permitted, shall not be used for dwelling purposes.

(c)

In addition to those uses listed as accessory uses in the various district regulations, the following are also accessory uses to appropriate principal uses:

(1)

Storage of goods used or produced by manufacturing activities upon the building lot occupied by such activities, unless such storage is prohibited by the district regulations.

(2)

The production, processing, cleaning, servicing, altering, testing, repairing, or storing of merchandise normally incidental to a retail service or business use if conducted by the same ownership as the principal use.

(3)

Accessory sheds, tool rooms, and similar buildings or structures provided they are not used for income-producing or commercial purposes of any kind and do not exceed 25 percent of the square footage of the principal structure. Such buildings may exceed 25 percent of equal footage when approved by special permit as herein defined.

All accessory uses shall comply with the regulations for the districts in which they are located.

The following shall not be considered to be obstructions when located in the required yards or open space specified:

5.71. In front and rear yards and open space. Open terraces not over four feet above the average level of the adjoining ground but not including a permanently roofed-over terrace or porch: awnings and canopies; steps four feet or less above grade which are necessary to provide access to a permitted building or for access to a building lot from a street or alley; chimneys projecting 24 inches or less into the yard, but not occupying more than two percent of the required yard area; recreational and laundry drying equipment; flagpoles; off-street parking spaces as regulated by section 13, Parking and Loading Standards; and fences and walls, either structural or nonstructural, and including walls required to be erected as buffers between land uses and districts as regulated by this ordinance. In no case shall a fence or wall or other screening device be of a height, or placed in such a position, so as to cause danger to traffic by obstructing the view.

5.72. In front yards. One-story bay windows, balconies, and overhanging eaves or gutters, none of which shall project more than six feet into the required yards.

5.73. In rear yards. Enclosed, attached, or detached off-street parking structures; open off-street parking spaces; servants' quarters; accessory sheds, toolrooms, garage apartments, and similar buildings for domestic or agricultural storage; balconies, breezeways and open porches; one-story bay windows; swimming pools; and overhanging eaves or gutters.

(1)

In patio home and cluster subdivisions where open space and recreational facilities are provided for residents under either a homeowners' association or a dedicated public park exists, the following modifications to the required yards and area regulations may be granted when such subdivision is platted in accordance with the subdivision rules and regulation ordinances of the city:

(a)

The required area of residential lots may be reduced so long as the total area of land included in lots and dedicated open space or recreational facilities is not less than the total area if such lots were non-cluster/non-patio type subdivision lots.

(b)

The required side yards of interior lots may be reduced to two feet if there are no openings or windows in the facing walls of either structure; provided however that there shall not be less than ten feet of clear space between adjoining buildings; or can be zero lot line so long as ten feet of space exists between buildings and an access easement is provided.

(c)

The required rear yard may be waived if a masonry wall of a height not less than eight feet is constructed along the entire rear property line of the lot; provided, however, that no masonry walls may be constructed within any utility easement.

5.81. Special screening devices. A masonry wall, as defined in the building code of the city, no less than eight feet nor more than ten feet shall be erected before any use other than uses permitted in the R-1, R-2, R-3, R-4 districts is made of property in C-1, or a less restrictive district when such property abuts residentially zoned property. Insofar as is practical, such screening device shall be erected along the entire length of the common line between such business property and the abutting residentially zoned property.

5.82. [Multifamily or commercial uses adjacent to single-family uses.] On any lot used for commercial, office, or multiple-family dwelling purposes a screening fence or wall of at least six feet in height shall be constructed along any common property line with any lot used for single-family residential purposes. On any lot used for multiple-family dwelling purposes a screening fence or wall of at least six feet in height shall be constructed along the common property line with any R-1 or R-2 zoned vacant lot, unless the owner(s) of said vacant lots agree in writing to waive this requirement.

5.83. Erection and maintenance of screening devices.

(1)

When a screening device is required under the terms of this ordinance, it shall be the responsibility of the user of the commercial or industrial property to erect the required screening device, and the same shall be a condition precedent to the issuance of a certificate of occupancy for the premises on which said device is located.

(2)

All screening devices required in accordance with the terms of this ordinance, or action of the planning commission or city council, shall be perpetually maintained by the user of the property on which it is located.

The following special regulations shall apply to multiple-family structures located in any zoning district.

(1)

Structures shall be separated by a minimum of ten feet.

(1)

When property across the street from a single-family zoned or occupied lot is used for other than residential uses it may not have access to the common street if it abuts another street not across from single-family zoned or occupied lots. In addition if such non-single-family use shall occupy more than one lot, or have under single ownership, lease, or other arrangement, other lots with access to a nonresidential street, a masonry wall as defined in section 5.80 shall be constructed along the property line abutting the residential street.