This chapter shall be known, cited, and may be referred to as the City of Clear Lake Shores Zoning Ordinance.

(Code 1999, § 17.04.010)

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

(Code 1999, § 17.04.020)

(a)

All buildings erected hereafter, all uses of land or buildings established or changed hereafter, and all structural alterations, enlargements, relocations and restorations of existing buildings occurring hereafter shall be subject to the requirements and regulations of this chapter, and no land shall be used for, and no building shall be erected for or converted to, any use other than provided in the regulations prescribed for the district in which it is located, except as hereinafter provided.

(b)

Where a building permit, if required, for a building or structure has been issued in accordance with law prior to the effective date of the ordinance from which this chapter is derived, and provided that construction is begun within 90 days of such effective date and diligently prosecuted to completion, then said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, upon completion, may be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to all applicable provisions of this chapter.

(c)

The sign regulations of the city, contained in appendix A to the City's Code of Ordinances, are hereby made a part of this zoning ordinance as if set forth at length herein.

(Code 1999, § 17.04.030; Ord. No. 2009-03, § 2, 2-3-2009)

(a)

Words used in the present tense shall include the future; words used in the singular number shall include the plural number; and words used in the plural number shall include the singular.

(b)

The word "shall" is mandatory and not discretionary.

(c)

The word "may" is permissive.

(d)

The word "lot" shall include the words "piece", "premises", "tract" and "parcel", and except when specifically stated otherwise, shall mean a building lot.

(e)

The word "building" shall include any structure designed or built for the support, enclosure, shelter or protection of persons or property of any kind.

(f)

The phrase "used for" shall include the phrases "arranged for", "designed for", "intended for", "maintained for" and "occupied for".

(Code 1999, § 17.04.040)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building or use means one which:

(1)

Is subordinate to and serves a principal building or principal use;

(2)

Is subordinate in area, extent or purpose to the principal building or principal use served;

(3)

Contributes to the comfort, convenience and necessity of occupants of the principal building or principal use served; and

(4)

Is located on the same building lot as the principal building or principal use served.

The term "accessory," when used in the text, shall have the same meaning as accessory use. An accessory building may be a part of the principal building. The term "servants' quarters", as defined, is an accessory building or use.

Apartment means a dwelling unit in an apartment house.

Apartment house means any building or portion thereof which is designed, built, rented, leased, let, or hired out to be occupied by three or more dwelling units not for transient use.

Block means a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, airport boundaries, bulkhead lines (or shorelines where no bulkhead lines have been established), or corporate boundary lines of the city.

Build means to erect, convert, enlarge, reconstruct, restore or alter a building or structure.

Building means any structure which is built for the support, shelter or enclosure of persons, animals, chattels, or movable property of any kind.

Building, detached, means a building surrounded by yards or open space on its building lot.

Building height means the vertical distance from the centerline of the street opposite the center of the front of a building to the highest point of the coping of a flat, shed, or folded plane roof; to the mean height level between the eaves and ridge for gable, hop and gambrel roofs; or the mean height level between the spring line and the highest point of the structure. For the purpose of this chapter, the measurement of a building height shall not include chimneys, spires, antennae or similar appurtenances.

Building line means the rear line of a required front yard which is generally parallel to the street line forming the front lot line.

Building lot means a single tract of land located within a single block which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. It shall front upon a street or approved place. Therefore, a building lot may not coincide with a lot of record. A building lot may be subsequently subdivided into two or more building lots, subject to the provisions of this chapter.

Building, residential, means a building which is arranged, designed, used or intended to be used for residential occupancy by one or more families or lodgers.

City means the City of Clear Lake Shores, Texas.

Dwelling means a building or a portion thereof designed or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings and multiple-family dwellings, but not including hotels or motels.

Dwelling, attached, means one which is joined to another dwelling at one or more sides by a partial wall or walls.

Dwelling, detached, means one which is entirely surrounded by open space on its building lot.

Dwelling, single-family, means a building containing only one dwelling unit and occupied by only one family. For the purpose of gaining permission to locate in a district, a house trailer is not a single-family dwelling.

Eave shall mean the lower edges of the roof that project beyond the building, including any gutters, as long as such eave does not extend more than two feet beyond the building and the entire air space below the eave is completely open and unobstructed.

Family means an individual or two or more persons related by blood, marriage or adoption, or a group of not more than five persons (excluding servants), who need not be related by blood or marriage, living in a dwelling unit.

Fence means any structural or natural physical barrier used to divide and/or enclose a defined area. A fence may be constructed of wood, metal, chainlink, brick, concrete masonry or poured concrete. For the purposes of this chapter, the term "fence" is further defined as any material in excess of 12 inches in height measured from a point on the lowest adjacent side of the obstruction and ten feet in length in a horizontal direction.

Greenspace shall mean the area within the boundaries of a building lot which is covered by living vegetation, (including, but not limited to, grass, trees, shrubs, flowers, vines, native plants and other similar groundcover) and landscape planters, brick, pavers, stone, aggregate, the water surface area of swimming pools and other water forms, decks 18 inches or less above grade adjacent to decks and other similar landscape features; but not including smooth concrete or asphalt. The area covered by landscape planters, brick, pavers, stone, aggregate, the water surface area of swimming pools and other water forms, decks 18 inches or less above grade adjacent to decks and other similar landscape features shall not exceed the area covered by living vegetation. Any decking, brick, stone, pavers, wood, aggregate or other such impervious material shall be installed in a permeable manner, as defined herein. The term "greenspace" shall not include driveways and/or parking areas.

Half-story means a space under a sloping roof at the top of the building, the floor of which is not more than two feet below the plate. Such space shall be counted as a half-story when not more than 60 percent of said floor area is used for rooms, baths or toilets. A half-story containing an independent dwelling unit shall be counted as a full story.

Impervious material shall mean materials, constructed or natural, that do not allow the free and direct passage of water into the ground, excluding the water surface of a swimming pool or other water features.

Landscaped green area means landscaped and planted with live vegetation and so maintained by the owners.

Lot area means the area of a horizontal plane bounded by the front, side and rear lot lines of a building lot; and for the purposes of this chapter shall include any portion of an easement which may exist within such property lines.

Lot line means a boundary of a building lot.

Lot line, front, means that boundary of a building lot which is the line of an existing or dedicated street. The owner of a corner lot may select either street line as the front lot line.

Lot line, rear, means that boundary of a building lot which is most distant from the front lot line and which is most nearly parallel to the front lot line.

Lot line, side, means any boundary of a building lot which is not a front lot line or a rear lot line.

Lot of record means an area of land designated as a lot on a plat of a subdivision recorded pursuant to statute with the county clerk; or an area of land held in single ownership described by metes and bounds upon a deed recorded or registered with the county clerk.

Lot width means the length of a line (drawn perpendicular to the lot depth line at its point of intersection with the front yard line) connecting the side lot lines.

Marina condominium means a project or development created pursuant to the condominium laws of the state, whereby a slip for the moorage of a boat or vessel, together with an undivided ownership interest in limited and general common elements, may be owned in fee simple.

Maximum height means the vertical distance from the centerline of the street opposite the center of the front of a building to the highest point of a building structure, excluding chimneys, spires, antennas or similar appurtenances.

Nonconforming use means any building or land lawfully occupied by a use at the time of adoption of the ordinance from which this chapter is derived or amendments thereto, not permitted by the use regulations, lot requirements, or performance standard of the district in which it is located.

Parking space means a surfaced area, enclosed or unenclosed, sufficient in size to store one automobile, with a surfaced driveway connecting the parking space with the street or alley and permitting ingress and egress of an automobile. A parking space shall not occupy any public land.

Permeable material shall mean constructed or natural material, including but not limited to, sand, grass, vegetation, gravel, landscaping mulch, which are installed in such a manner as to allow for the direct passage of water into the ground, brick, stone, pavers, wood or any other similar impervious material shall be installed with at least a six-inch base of sand or crushed, untreated concrete, gravel or other similar material and provide at least a one-inch space between each edge of such material. This space will be filled with permeable material or living vegetation. Brick, stone, pavers, wood or any other similar impervious material laid approximately edge to edge so as to form an effective continuous surface shall be deemed not to be installed in a permeable manner, and shall be treated as concrete/asphalt for the purposes of green space calculations. As such the area covered by such material will be counted against the 50 percent combined portion of the lot available for building, driveways, walkways and parking areas. Decks, less than 18 inches high, are allowed if constructed in such as manner as to allow water to drain freely through such decks into the ground below.

Story means that part of a building between the surface of a floor and the ceiling immediately above. A basement is considered a story when more than one-half of such basement height is above the level of the centerline of the street opposite the center of the front of a building. A garage or under-structure carport is considered a story. The surface of the floor of a new first story must be located above existing grade or above current street level, whichever is lower.

Street means a public right-of-way which provides primary vehicular access to abutting property of land, designated as either a street, highway, thoroughfare, major thoroughfare, freeway, parkway, avenue, lane, boulevard, road, place, drive, or however otherwise designated. A driveway or alley which serves only to give secondary vehicular access to a building lot or to an accessory parking or loading facility, or to allow vehicles to take or discharge passengers at the entrance to a building, shall not be considered a street.

Street, alley, means a privately owned street approved by the city and that has been built to meet city specifications, which provides vehicular access to adjacent private land.

Street, arterial, means a street designed as a principal traffic artery, more or less continuous across the city, intended to connect remote parts of the city, and used primarily for fast or heavy volume traffic.

Street, collector, means a street designed to carry traffic from local streets to the major system of arterial streets and highways.

Street, local, means a street used primarily for access to abutting properties and which is intended to serve traffic within a limited area.

Trailer house means a vehicle used for living or sleeping purposes, which vehicle stands on wheels or on rigid or fixed supports.

Tree means a woody perennial plant having one well-defined main stem or trunk which, when mature, is not less than six inches in diameter at a point 4½ feet above surrounding grade.

Use, principal, means the main use of land or buildings, as distinguished from the subordinate or accessory use.

Yard, front shall mean a yard extending along the whole length of the front of the lot between the side lot lines and being the minimum distance between the street line and any building or any projections thereof.

Yard, rear shall mean a yard extending across the whole rear of a lot between the side lot lines and being the minimum distance between the rear lot line and the rear of any building or projections thereof.

Yard, side shall mean a yard extending along the side lot lines from the boundaries of the yard, front and yard, rear and being the minimum distance between the side lot line and any building or projections thereof.

(Code 1999, § 17.04.050; Ord. No. 2004-04, § 3, 2-17-2004; Ord. No. 2005-5, § 1, 4-5-2005; Ord. No. 2007-01, §§ 3—5, 1-16-2007; Ord No. 2008-10, § 1, 6-17-2008; Ord. No. 2009-14, § 1, 7-27-2009)

It is recognized that new types of land uses will emerge and forms of land use not anticipated may seek to locate within the city. Questions concerning any new or unlisted use shall be referred to the planning and zoning commission, which shall consider the proposed use and its compatibility with uses already permitted in the various districts. The commission shall determine whether a proposed use is appropriate within the city and, if so, recommend the zoning district or districts within which the use should be located. The commission's recommendation shall be sent to the city council for its consideration and action in accordance with this chapter. The city council shall consider all such recommendations in accordance with this chapter.

(Ord. No. 2005-05, § 2(17.09.010), 4-5-2005; Ord. No. 2020-15, § 3, 8-4-2020)