The city is divided into types of districts of such shape and area as have been deemed best suited to carry out the purposes of V.T.C.A., Local Government Code ch. 211. While the regulations in one district differ from those in the other districts, all such regulations are uniform for each class or kind of building throughout each district. These districts shall be known as:

(1)

R-1 residential district.

(2)

A-1 apartment district.

(3)

NC neighborhood commercial district.

(4)

C-1 commercial district.

(5)

C-2 commercial district.

(6)

C-3 commercial district.

(7)

M-1 mobile home district.

(8)

P-1 waterfront easement district.

(9)

RV district.

(10)

C-4, MMU marine mixed use district.

(Code 1999, § 17.08.010; Ord. No. 2017-02, § 2, 3-21-2017; Ord. No. 2017-04, § 1, 4-4-2017)

Boundaries of zoning districts shall be as shown on the Official Zoning Map of the City of Clear Lake Shores, the original and controlling version of which is maintained in the city secretary's office at City Hall.

(Code 1999, § 17.08.020; Ord. No. 2005-04, § 1, 3-1-2005; Ord. No. 2006-01, §§ 2, 3, 1-19-2006; Ord. No. 2017-02, § 3, 3-21-2017)

A building or premises in the R-1 residential zoning district shall be used only for the following purposes:

(1)

Single-family detached dwelling;

(2)

Public parks and public playgrounds and noncommercial athletic fields;

(3)

Fire stations;

(4)

Community club facilities when organized for use of a particular residential development;

(5)

Temporary buildings for construction purposes for a period not to exceed the duration of such construction;

(6)

Accessory buildings, including an attached or detached private garage, non-paying guesthouse or rooms for guests, provided that such facilities are used only for the occasional or gratuitous housing of guests of the occupant of the principal residential structure and not for permanent occupancy by others as a dwelling unit may be constructed simultaneously with or after completion of the primary residential structure. A primary residential structure must be in existence prior to construction of all other accessory buildings or improvements, including but not limited to, sheds, tool rooms, children's playhouses, garden houses, greenhouses, private tennis courts, private swimming pools and other similar structures or improvements. An accessory building of any type may not have separate water, gas or electric services from the primary residential structure;

(7)

Private boat docks and boathouses;

(8)

Temporary business signs (not illuminated or flashing) advertising a premises for rent, lease or sale, or stating the names of architects, engineers, builders, contractors or suppliers of material;

(9)

The sale of used building material from a building demolished upon the site where the materials are offered for sale for a period not to exceed 60 days from the date of the beginning of demolition;

(10)

Telephone exchange facilities without business offices, storage or maintenance facilities.

(Code 1999, § 17.12.010; Ord No. 2008-10, § 2, 6-17-2008; Ord. No. 2015-01, § 1, 2-17-2015; Ord. No. 2020-15, § 5, 8-4-2020)

The building height of a residential structure shall not exceed 35 feet and no more than 2½ stories.

(Code 1999, § 17.12.020; Ord. No. 2007-01, § 6, 1-16-2007)

The maximum height of a residential structure in this district shall be 42 feet.

(Ord. No. 2007-01, § 7, 1-16-2007)

The minimum size of a residential structure shall be 900 square feet of living area, excluding open porches and breezeways.

(Code 1999, § 17.12.030)

(a)

The minimum building lot area shall be 4,000 square feet, except any building lots/lots/plats that existed prior to the Code 1999, § 17.12.040 adoption date and has not been re-platted since then. These exempt lots must meet one of the following conditions:

(1)

The lot is unimproved and greater than 2400 square feet, or

(2)

Dwelling, single-family structure exists or has existed on a lot with an area of 2,400 square fee or less.

(b)

The minimum lot width shall be 40 feet, measured between sidelines at the building setback line. Lot lines need not necessarily coincide with lot lines established on the recorded plat of Clear Lake Shores Subdivision, Blue Point Subdivision, or any other subdivision hereafter situated within the corporate limits of the city. Any building lot, lot, or plat that existed prior to the Code 1999, § 17.12.040 adoption date, and has not been re-platted since 1999 is exempt from this requirement.

(Code 1999, § 17.12.040; Ord. No. 2024-02, § 2, 4-2-2024)

(a)

The minimum front yard shall be 20 feet.

(b)

The minimum side yard shall be five feet except when the side lot is a street right-of-way; then it shall be ten feet minimum on lots wider than 40 feet.

(c)

The rear lot line setback shall be five feet.

(d)

No structure shall be erected in any yard that would obstruct emergency access. Pool equipment, air conditioning equipment and anything relating thereto, including platforms therefore, shall not be erected in any yard if they obstruct emergency access in any manner.

(Code 1999, § 17.12.050; Ord No. 2008-10, § 3, 6-17-2008)

In addition to the provisions of section 82-58, and notwithstanding any other provisions contained in this chapter to the contrary, all building lots in residential district R-1 shall contain not less than 50 percent greenspace, with no more than 40 percent of the building lot covered by building(s) or structures, excluding any eave or driveway. The front yard in residential district R-1 shall be comprised of not less than 50 percent living vegetation. The combined area of the side yards and rear yard shall consist of not less than 50 percent living vegetation. Every yard adjacent to a street shall meet the requirement of the city's tree regulations. Greenspace calculations must be included in the plot plans for all residential development.

(Code 1999, § 17.12.070; Ord. No. 2009-14, § 1, 7-27-2009; Ord. No. 2013-03, § 1, 3-5-2013)

A building or premises in the A-1 apartment zoning district shall be used only for the following purposes:

(1)

Any use as permitted in the R-1 residential district regulations;

(2)

Two-family dwellings;

(3)

Multiple-family dwellings;

(4)

Townhouses;

(5)

Uses accessory to the above-mentioned permitted uses.

(Code 1999, § 17.16.010)

(a)

The building height of building structures in this district shall not exceed 35 feet above the crown of the road. The maximum height of such structures shall not exceed 42 feet.

(b)

The side lot setback line shall be a minimum of five feet.

(c)

The setback shall be 20 feet minimum from all rights-of-way.

(Code 1999, § 17.16.020; Ord. No. 2007-01, § 8, 1-16-2007)

(a)

The minimum size is 800 square feet per unit, with minimum average of development to be 1,000 square feet per unit.

(b)

The maximum number of units shall be 15 per acre.

(Code 1999, § 17.16.030)

(a)

The neighborhood commercial district is intended to permit service establishments and retail stores for the benefit of adjacent and nearby residential development. All trade is to be conducted indoors and in such a manner as to be capable of placement adjacent to residential districts without changing the character of the latter. The neighborhood commercial district is designed to enhance the special characteristics of the city, the small town character, its waterfront and to create a unique place.

(b)

The nature of the permitted uses and scale of buildings are intended to blend with adjacent and nearby properties without causing adverse impacts. Commercial mixed use projects are allowed; however, multifamily residential mixed use projects are not permitted. A building or premises in this zoning district shall be used only for the following purposes, provided such uses are not noxious or offensive because of the omission of odor, smoke, dust, noise, fumes, vibration or particulate matter:

(1)

Any use as permitted in the R-1 residential district regulations;

(2)

Antique and gift shops;

(3)

Arts and crafts, pottery, ceramic products fabrication and sales;

(4)

Bakeries, confectionery and candy retail sales (with manufacturing and processing permitted as an accessory use);

(5)

Bed and breakfast establishments;

(6)

Blueprint and printing shops;

(7)

Dance studios;

(8)

Drapery and canvas works fabrication;

(9)

Floral and hobby shops;

(10)

Museums;

(11)

Newsstands, and bookstores and stationery stores, excluding those engaged in the sale of sexually oriented material;

(12)

Offices such as medical, legal, professional or other similar uses;

(13)

Personal service shops, such as barbershops and beauty shops and shoe repair shops;

(14)

Photographers, portrait and camera shops, photo finishing, and picture framing;

(15)

Physical culture and health services;

(16)

Restaurants, excluding drive-in facilities;

(17)

Wearing apparel outlets;

(18)

Shops for repair and servicing of small appliances, bicycles, watches, clocks, computers, electrical, radio, and similar articles;

(19)

Tailoring and custom dressmaking shops.

(Code 1999, § 17.19.010)

The building height of building structures in this district shall not exceed 35 feet and not more than 2½ stories. The maximum height of such structures shall not exceed 42 feet.

(Code 1999, § 17.19.020)

(a)

The minimum size of a building used for commercial purposes shall be 600 square feet.

(b)

The minimum size of a building used for single-family residential purposes shall be 900 square feet of living area, excluding open porches and breezeways.

(c)

No more than 80 percent of the total building lot area shall be covered by buildings, structures and/or paved surfaces.

(Code 1999, § 17.19.030)

Every building lot shall be at least 4,000 square feet, save and except any building lot, lot or plat that existed prior to the Code 1999, § 17.12.040 adoption date, and have not been re-platted since 1999 are exempt from this requirement; provided that the lot has an area of greater than 2,500 square feet and is used for residential uses only.

(Code 1999, § 17.19.040; Ord. No. 2024-02, § 3, 4-2-2024)

(a)

For properties used for single-family residential purposes:

(1)

The minimum front yard shall be 20 feet.

(2)

The minimum side yard shall be five feet except when the side lot is a street right-of-way; then it shall be ten feet minimum on lots wider than 40 feet.

(3)

The minimum rear yard shall be five feet.

(b)

For properties used for commercial purposes:

(1)

The minimum front yard shall be ten feet.

(2)

The minimum side yard shall be five feet.

(3)

The minimum rear yard shall be ten feet.

(4)

Notwithstanding the foregoing, no parking lot may be located within ten feet of a street right-of-way, or five feet of any property line.

(c)

Prior to a change in occupancy status from commercial use to residential use, the property shall comply with the minimum yard requirements of subsection (a) of this section.

(Code 1999, § 17.19.050; Ord No. 2008-10, § 4, 6-17-2008)

(a)

No outdoor commercial activities or uses shall be permitted in the neighborhood commercial district other than outdoor dining and mobile refreshment or trinket stands.

(b)

All refuse containers, mechanical, and heating and air conditioning equipment shall be screened from view from all public streets.

(c)

Accessory buildings, including garages, are permitted if located behind the front building line; provided, however, that no structure shall be allowed in any dedicated easement.

(d)

Lighting used to illuminate the premises, parking and/or signage shall be designed, operated and directed away from adjacent residential properties so as not to reflect or shine on those adjacent properties. Standards, poles, and fixtures shall be a single color, uniform in design throughout the site and no taller than ten feet above ground level.

(e)

Landscaping.

(1)

Nonresidential. In addition to paved parking and driving areas, service walks and other service areas, at least 20 percent of the building lot shall be maintained in landscaped green area visible to public view. At least ten percent of any front yard shall be landscaped green area. Building lots with more than 20 parking spaces must have at least one tree within the parking area for every ten parking spaces. Landscaped green areas within parking lots must be at least 16 square feet, and preferably as large as one parking space. All landscaped green areas shall be protected by monolithic curbstops or wheel stops to prevent car bumper overhangs, and kept free of trash and litter.

(2)

Every required yard adjacent to a street shall contain at least two trees.

(3)

All landscaping shall be properly maintained.

(4)

All developments are encouraged to preserve existing trees on site.

(5)

All existing trees that are to be preserved shall be provided with a permeable surface under the existing drip line of the tree.

(6)

All new trees shall be provided with a minimum permeable surface under the drip line of at least four feet by four feet.

(Code 1999, § 17.19.070)

A building or premises in the C-1 commercial zoning district shall be used only for the following purposes, provided such uses are not noxious or offensive because of the omission of odor, smoke, dust, noise, fumes, vibration or particulate matter:

(1)

Any use as permitted in the R-1 residential or NC neighborhood commercial district regulations;

(2)

Antique and gift shops;

(3)

Arts and crafts, pottery, and ceramic product fabrication and sales;

(4)

Automobile glass, muffler, and seat cover sales and installation;

(5)

Bakeries, confectionery, and candy retail sales, with manufacturing and processing permitted as an accessory use;

(6)

Banks, including drive-in facilities;

(7)

Print and/or copy shops;

(8)

Child care facilities;

(9)

Clinics, including small-animal veterinary clinics, pet groomers, but not including boarding kennels;

(10)

Commercial schools;

(11)

Dance studios;

(12)

Drapery fabrication;

(13)

Drugstores and pharmacies;

(14)

Hardware sales, including custom window screen and door screen fabrication;

(15)

Laboratories, medical and dental;

(16)

Lamp and lampshade making;

(17)

Liquor, beer, and wine retail sales;

(18)

Museums, libraries, and small repertory theatres;

(19)

Newsstands and bookstores and stationery stores;

(20)

Nursery stock sales and florists;

(21)

Offices;

(22)

Personal service shops, such as barbershops and beauty shops and shoe repair shops;

(23)

Photographers, portrait or camera shops, photo finishing, and picture framing;

(24)

Physical culture and health services, gymnasiums, day spas, and fitness centers;

(25)

Rental shops, except that there shall be no rental of trucks or heavy construction equipment in connection therewith (no outside storage);

(26)

Restaurants and cafeterias, excluding drive-in or drive-through facilities;

(27)

Small retail food outlets;

(28)

Wearing apparel outlets;

(29)

Shops for repair and servicing of computers, bicycles, watches, clocks, electrical, radio, television and appliances; keys; and similar articles;

(30)

Tailoring and custom dressmaking shops;

(31)

Variety stores and video rentals;

(32)

Uses customarily accessory to the preceding principal uses.

(Code 1999, § 17.20.010; Ord. No. 2005-05, § 5, 4-5-2005)

(a)

The maximum building height allowed is 45 feet.

(b)

The lot and yard requirements for residential uses in the commercial district shall be the same as those set forth for the residential district.

(c)

For nonresidential use, there shall be no yard and lot requirements, except as may be established by ordinances providing for fire protection.

(Code 1999, § 17.20.020; Ord. No. 2007-01, § 10, 1-16-2007)

A building or premises in the C-2 commercial zoning district shall be used only for the following purposes, provided such uses are not noxious or offensive because of the emission of odor, smoke, dust, noise, fumes, vibration or particulate matter:

(1)

Any use as permitted in the R-1 residential, C-1 commercial, or NC neighborhood commercial district regulations;

(2)

Apartments and townhouses;

(3)

Condominiums, including but not limited to residential, commercial, office and marina uses;

(4)

Launderettes and dry cleaners (retail only);

(5)

Lounges, and/or bars, taverns, and private clubs;

(6)

Marinas, boat brokerages and sales, boats on trailers/cradles, repair facilities; but excluding manufacturing and dry stack storage;

(7)

Hotels and motels;

(8)

Restaurants and cafeterias; including drive-through facilities;

(9)

Theatres;

(10)

Uses customarily accessory to the preceding principal uses.

(Code 1999, § 17.24.010; Ord. No. 2005-05, § 6, 4-5-2005)

(a)

The minimum size of residential structures shall be the same as in the R-1 residential district.

(b)

The maximum building height allowed is 45 feet.

(c)

For residential structures, the lot and yard requirements shall be the same as those set forth for the R-1 residential district.

(d)

The minimum size living dwelling in a multifamily development shall be 750 square feet of living area measured from the building exterior. The average size of all dwellings in a multifamily project in commercial district C-2 shall be not less than 1,000 square feet.

(e)

The C-2 commercial district in its entirety shall have the following maximum ratio of roofed area to open area:

(1)

Two-story: 33 percent roofed area;

(2)

Three-story: 28 percent roofed area.

(Code 1999, § 17.24.020; Ord. No. 2007-01, § 11, 1-16-2007)

A building or premises in the C-3 commercial zoning district shall be used only for the following purposes, provided such uses are not noxious or offensive because of the emission of odor, smoke, dust, noise, fumes, vibration or particulate matter:

(1)

Any use as permitted in the R-1 residential, NC neighborhood commercial, C-1 commercial, or C-2 commercial district regulations;

(2)

Automobile, gasoline service stations, including services customarily incidental thereto;

(3)

Automobile and trailer rental facilities;

(4)

Bowling alleys and similar enclosed commercial recreational activities;

(5)

Building supplies stores;

(6)

Meeting and assembly halls;

(7)

Retail food outlets and supermarkets;

(8)

Shops for repair and servicing of automobiles;

(9)

Uses customarily accessory to the preceding principal uses.

(Code 1999, § 17.28.010; Ord. No. 2005-05, § 7, 4-5-2005)

(a)

The maximum building height allowed is 45 feet.

(b)

The lot and yard requirements for one- and two-family residential uses in the C-3 commercial district shall be the same as those set forth in the R-1 residential district.

(c)

For multifamily residential uses, including but not limited to townhouses, apartments and condominiums, the lot and yard requirements shall be established by compliance with the building code.

(d)

For nonresidential use, there shall be no yard and lot requirements except as may be established by ordinance providing for fire protection.

(Code 1999, § 17.28.020; Ord. No. 2007-01, § U, 1-16-2007)

(a)

The minimum size living dwelling shall be 750 square feet of living area measured from the building exterior.

(b)

The average size of all dwellings in a multifamily project shall be at least 1,000 square feet.

(c)

The C-3 commercial district in its entirety shall have the following maximum ratio of roofed area to open area:

(1)

Two-story: 33 percent;

(2)

Three-story: 28 percent.

For the purposes of this subsection, the term "roofed area" is defined as an area covered by a roof whether open or closed on the sides, and without the use of the roof as a usable area for people.

(Code 1999, § 17.28.040)

A building or premises in the M-1 mobile home zoning district shall be used for those uses set forth in division 5, and for the additional use as a mobile home park as may be established by ordinances governing a mobile home park passed by the city council. Mobile homes shall not be permitted to exist in any area of the city other than in the mobile home district.

(Code 1999, § 17.32.010)

(a)

Purpose. The C-4 MMU marine oriented mixed use district is primarily designed to accommodate a select group of tourist and recreational related uses. In accordance with the Clear Lake Shores Comprehensive Plan, the district aims at preserving Clear Lake's small town character, its waterfront, and to create a "unique" place. The land uses within this district are also intended to meet a portion of the community's tourism and recreational demand. The incorporation of piers, boardwalks, outdoor patios, and outdoor cafes into site development of properties located in this district is encouraged.

(b)

Permitted uses:

(1)

Any use allowed in the R-1 residential, NC neighborhood commercial, C-1 commercial, C-2 commercial, or C-3 commercial district regulation and any uses customarily accessory to the preceding principal uses, provided such uses are not noxious or offensive because of the emission of odor, smoke, dust, noise, fumes, vibration or particulate matter.

(2)

A mix of commercial, residential and recreational land use activities associated with waterfront areas and over-water activities including marinas, hotels and restaurants with a waterfront marine-coastal theme.

(Ord. No. 2017-04, § 1, 4-4-2017)

(a)

Height. No building shall exceed a maximum height of 100 feet. Any building over 45 feet in height shall conform to the conditions listed below:

(1)

Height performance standards: Height will be determined by the site size and location and the other standards in this article, and to ensure compatibility and scale with adjacent development, to ensure adequate light and air between structures, and to ensure maximum public safety of residents, occupants and the general public.

a.

Height limit adjacent to land zoned R-1 and R-2: The maximum allowable height permitted at the required setback line shall be equal to or less than 45 feet at the required setback line.

b.

Height adjacent to land zoned C-4 MMU or C-3: The maximum allowable height permitted at the required setback line shall be equal to or less than 45 feet. The height may be increased by five feet for every one foot of additional setback.

c.

Height adjacent to public or private street or drive: The maximum allowable height permitted at the required setback line shall be 45 feet after which, the height may be increased by five feet for every one foot of additional setback.

d.

The height limitations specified in this subsection do not apply to steeples, spires, belfries, cupolas, widow walks or other normal architectural appurtenances placed above the roof level and not intended for human occupancy; however, these design elements may not exceed the maximum height by more than ten percent.

e.

Any structure whose height exceeds 60 feet above the subject property's identified base flood elevation, shall require mailed notice to property owners within 200 feet of the site, for the public hearing on the site plan.

(b)

Required setbacks:

(1)

Setbacks adjacent to land zoned R-1 and R-2: The required setback line shall be equal to or more than 20 feet from the property line.

(2)

Setbacks adjacent to land zoned C-4 MMU or C-3: The required setback line shall be equal to or more than 20 feet from the property line.

(3)

Setback adjacent to public or private street or drive: The required setback from a public or private street or right-of-way, shall be a minimum of 20 feet from the property line, which may include a sidewalk and parkway area with a minimum width of 12 feet.

(c)

(1)

For a mixed use development of residential and commercial or water-related activities, the lot shall have a minimum of 3,000 square feet above base flood elevation level, and a minimum entire lot size of 12,000 square feet.

(2)

The lot and yard requirements for one- and two-family residential uses in the C-4 MMU commercial district shall be the same as those set forth in the R-1 residential district.

(d)

For nonresidential use, there shall be no yard and lot requirements except as may be established by ordinance providing for fire protection.

(Ord. No. 2017-04, § 1, 4-4-2017)

(a)

The minimum size living dwelling shall be 750 square feet of living area measured from the building exterior.

(b)

The average size of all dwellings in a multifamily project shall be at least 1,000 square feet.

(Ord. No. 2017-04, § 1, 4-4-2017)

All other aspects of the development shall conform to the minimum requirements contained elsewhere in this Code or other city regulations.

(Ord. No. 2017-04, § 1, 4-4-2017)

(a)

The city will not issue any permit for development in this district, until the developer has applied for and been granted site plan approval by council.

(b)

The developer or his agent shall submit an application for site plan review to the city describing the proposed development, uses, and documents, including a 36-inch x 24-inch site plan showing:

(1)

The boundaries of the site or lot;

(2)

The location of all buildings or outside spaces proposed to be used for commercial purposes;

(3)

A parking plan;

(4)

A landscaping plan;

(5)

A lighting plan;

(6)

A vehicle access plan;

(7)

A signage plan;

(8)

A fencing plan;

(9)

A screening plan; and

(10)

Any additional relevant information to enable thorough review of the proposed use and its impacts on the city.

(c)

The application will be reviewed by the city administrator, city building official, fire marshal and police department and other officials as appropriate or required. The developer shall submit corrected documents, if necessary, before the application proceeds to council.

(d)

Council shall hold a public hearing on the site plan and may approve, approve with conditions, or disapprove any application. Council may impose reasonable conditions or changes for approval.

(Ord. No. 2017-04, § 1, 4-4-2017)

(a)

A waterfront easement in the P-1 waterfront easement zoning district shall be used by the lessee exclusively and the lessee shall have the right to use, enjoy and occupy the waterfront easement, but never for commercial, business or residential purposes, nor for living quarters of any kind; nor shall the waterfront easement be used for the mooring or docking in excess of the time needed for emergency repairs of commercial craft.

(b)

The term "commercial craft" is defined as and shall include but not be limited to the following: any barge, dredge or crewboat or any boat or vessel whose owner has procured a commercial gulf shrimp boat license, a commercial bay shrimp boat license or a commercial bait shrimp boat license which is prominently displayed on the bow, outside of the wheel-house or at any other designated point on the outside of the boat as specified by the state game and fish commission or any commercial boat or vessel which is required to be numbered or registered by and under the laws of the United States of America or the state and which is used for the purpose of taking or catching fish, shrimp, oysters or any other edible aquatic life from the tidal waters of this state for pay, or for the purpose of sale or exchange.

(Code 1999, § 17.36.010)

The portion of each structure visible from the street or the adjoining property shall be constructed of a masonry material, stone, vinyl, glass, wood and/or cement-based wood substitutes. Other architectural materials of similar or higher quality may be substituted by approval of the city council, upon recommendation of the planning and zoning commission. In making this determination, the planning and zoning commission and/or the city council may request a recommendation of the city engineer for nonstandard materials. This provision shall not apply to materials constructing the roof of any structure, provided that the roof is constructed with materials manufactured with a factory applied bonded coating.

(Ord. No. 2008-11, § 1, 1-6-2009)

(a)

This division hereby amends the city's comprehensive zoning ordinance to add a new land use district of planned unit development (PUD) and to require the approval of a PUD master plan by the planning and zoning commission and by city council following public hearings before both bodies in the manner required for all amendments to the city's zoning regulations. Final approval of a PUD shall require a super majority, four votes of city council. Construction in a PUD must meet the standards contained in the effective City of Clear Lake Shores Building Code.

(b)

The city's land uses are typically identified by fixed zoning districts as described in the preceding divisions of this article. As a point of clarifications, any project that meets the requirements of an existing, specific zoning district does not need further zoning-related action by the planning and zoning commission or the city council before a building permit may be issued. It is not intended that a PUD be required for such projects.

(c)

A PUD zoning district is different. It exists as an overlay to the fixed districts and may legislatively suspend the requirements of the fixed districts without the need to amend the ordinance provisions for the fixed districts. The area limits of a PUD are described in the PUD master plan and may include one or several fixed districts. By its very nature, a PUD is not intended to be a zoning district that one may seek as a matter of right. A PUD will exist only at the discretion of the city, once the land uses have been negotiated and determined by the developer, planning and zoning commission and city council. elements of the negotiated terms will be documented in the PUD master plan, which shall be considered an amendment to the city's comprehensive zoning ordinance. Additional accompanying requirements, such as, but not limited to, setbacks, density, height or landscaping, if deemed desirable by the city and if it is in the public's best interest as determined by the city, may be included in the PUD master plan.

(d)

Refusal to consider a PUD for any tract or tracts shall not be a denial of a right of the applicant, for no one has a right to a PUD classification. Such refusal means that the existing fixed zoning districts, and their associated zoning regulations, remain in full force and effect and must be met unless the ordinance is amended or a variance approved to permit the use or treatment sought.

(Ord, No. 2009-04, § 2, 2-3-2009)

Each PUD district is a unique and flexible land use district that may include multiple or mixed land uses horizontally and vertically. The controlling document for a PUD is the PUD master plan. Implementation of the PUD master plan may be accomplished in phases but the master plan itself must be presented in its entirety when approval is sought. Submitting a phased PUD master plan is subject to the requirements in section 82-263. Any major change to the PUD master plan shall be reviewed and approved by the planning and zoning commission and the city council in the manner required by law for amendments to the city's zoning ordinances.

(Ord, No. 2009-04, § 2, 2-3-2009)

Proper private development and redevelopment of any part of the city require a flexible approach to be available both to the city and to the landowner. A PUD is intended to encourage mixed uses, allow a more flexible response to the market, encourage innovative subdivision or site plan design, and promote superior development which is compatible with adjacent land uses. The city may identify areas in the city's fixed zoning districts that could benefit by flexible development. Once these areas are so identified, the city encourages, but does not require, landowners to apply for a zoning change in these areas through the use of a PUD.

(Ord, No. 2009-04, § 2, 2-3-2009)

Approval of a PUD shall be accomplished in the same manner as any other amendment to the city's zoning ordinance, except that final approval of the PUD and its master plan shall require approval of a super majority, four of city council members. The city council's approval of a PUD shall be considered an amendment to the zoning ordinance. Any PUD shall designate and define the boundaries of the PUD and include such conditions as the city council determines are necessary to secure and protect the public health, safety and general welfare.

(Ord, No. 2009-04, § 2, 2-3-2009)

(a)

The designation of a PUD district is an amendment to the zoning ordinance and shall meet all the requirements of an application for rezoning.

(b)

The PUD master plan and supporting documents shall form part of the city's zoning ordinances and shall be enforceable in the same manner as any other zoning ordinance of the city.

(c)

The city council may approve a PUD master plan as submitted, amend and approve the plan as amended or disapprove the plan.

(d)

A PUD shall not be considered or approved for any property contained within the city's R-1 residential district north of the Jarboe Bayou Bridge.

(e)

Three copies of the approved PUD master plan, together with supporting documents, shall be submitted by the developer to the city administrator for use prior to issuing building permits.

(Ord, No. 2009-04, § 2, 2-3-2009)

Before approving a PUD, the city council shall require a recommendation from the planning and zoning commission in determining that the PUD meets the following goals and objectives:

(1)

The development in the proposed PUD is equal to or superior to development that would occur under the existing zoning ordinance requirements. The overall quality of development within a PUD, compared to the quality of development under the existing comprehensive zoning ordinance requirements, together with the integration of the PUD with adjacent land uses, shall be the prime determinants of whether or not a PUD is approved.

(2)

A PUD shall be in harmony with the general purposes, goals, objectives and standards of the city's comprehensive zoning ordinances and other planning documents the city has adopted or approved.

(3)

A PUD shall not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities or any other matters affecting the public health, safety and general welfare.

(4)

A PUD shall be adequately served by essential public facilities and services including streets, parking, drainage, water, wastewater facilities and other necessary utilities.

(5)

The developer shall participate, on a proportionate basis, in the cost of upgrading any part of any infrastructure if existing conditions are inadequate. The developer shall bear any incremental cost incurred by the city, such as, but not limited, to engineering, legal, consultants or other outside experts, required to evaluate a PUD application.

(6)

A PUD shall be constructed, arranged and maintained so as not to dominate, by architecture, scale and massing of structures, the immediate neighboring properties or interfere with their development or use in accordance with any existing zoning district.

(Ord, No. 2009-04, § 2, 2-3-2009)

A PUD may be utilized for any type of land use, provided all uses are designed to be compatible with adjacent uses and the city's comprehensive zoning ordinances.

(Ord, No. 2009-04, § 2, 2-3-2009)

When considering a PUD application, the unique nature of each proposal for a PUD may require, under proper circumstances, the departure from certain city codes and ordinances. The adoption of an ordinance approving a PUD shall constitute authority for such flexible planning to the extent that the PUD, as approved, departs from city codes and ordinances.

(Ord, No. 2009-04, § 2, 2-3-2009)

If a developer proposes to implement the construction of the development within a PUD in phases, the PUD master plan shall present the totality of the project as envisioned for all phases. Each phase shall be properly identified as to location and scope. A phased PUD master plan shall be approved "in concept only" by the planning and zoning commission and by city council at the time of the original submittal. If the concept of any subsequent phase should change, the revised PUD master plan shall be resubmitted for review and approval by the planning and zoning commission and city council.

(1)

If development of the PUD is to occur in phases, a phasing schedule shall be submitted as part of the PUD master plan. The schedule shall indicate the timing, land uses and density of each phase.

(2)

All lands to be dedicated for public park land, public use or school site purposes shall be dedicated in the first phase of development, or a schedule outlining when such dedications are to be made, shall form part of the PUD master plan.

(Ord, No. 2009-04, § 2, 2-3-2009)

(a)

Development within a PUD must comply with all other applicable ordinances not specifically altered or addressed by the PUD or the PUD master plan. If a PUD master plan encompasses property within two different zoning districts, the more restrictive ordinances shall apply.

(b)

Where a PUD creates any common property, a property owners' association and maintenance fund shall be established for the PUD to adequately provide for the continued maintenance of common property within the development. The association shall be legally incorporated prior to the approval of the first plat within the PUD or the issuance of the first building permit, whichever first occurs.

(c)

A PUD or a PUD master plan shall not alter any basic health or safety standards.

(d)

Where parking requirements are altered for a PUD due to a specific targeted market (i.e., senior citizens housing), an overlay to the PUD master plan shall be provided to show how full parking could be accommodated if conditions change in the future, and a method established to accommodate such changes. Parking shall be sufficient for each approved phase of the PUD master plan and shall consider the needs of each land use category included in the project.

(e)

All utility lines and drainage facilities shall meet all city standards, and a maintenance fund shall be established to assure the continued maintenance of all private utility lines and drainage facilities.

(Ord, No. 2009-04, § 2, 2-3-2009)

(a)

Size. There is no minimum or maximum size for a PUD. A PUD must consist of a parcel or group of parcels which form a single contiguous land unit. For this purpose, an ownership separated solely by the width of public or utility rights-of-way will be considered contiguous.

(b)

Height. The height limitation for structures within a PUD shall be designated to assure compatibility with adjacent developments and other portions of the PUD. If the height of a structure is intended to increase the density in the PUD, adequate considerations need to be given to solve for infrastructure problems such as sufficient water and sewer capacity, traffic congestion and parking.

(c)

Area. An individual lot for each structure is not required; however, individual lots may be provided at the developer's option. There is no minimum area requirement for lots, and lot boundaries may coincide with structure boundaries, provided that all necessary utilities can be provided, and proper buffering between different land use categories are incorporated in the PUD master plan. Buffering may be required both horizontally and vertically.

(d)

Access.

(1)

Streets within a PUD may be public and/or private. The city may require dedication of rights-of-way and construction of public streets through or into the PUD.

(2)

While the city's standard street width design criteria may be altered, private roads shall be built of concrete with curbs and storm sewers to the same construction standards as public streets within Galveston County. Pedestrian and bike lanes shall be provided.

(3)

Where access to individual lots within a PUD is via a common parking lot, a maintenance agreement and a maintenance fund shall be provided to assure the continued maintenance of access drives and parking.

(4)

All pavement widths and curve radii, for both public and private streets, shall be designed to assure adequate access by fire and emergency vehicles.

(5)

Separation of local traffic from PUD generated traffic is encouraged as much as possible to promote traffic flow. Retail and service land uses in a PUD shall be readily accessible from existing residential areas of the city.

(e)

Minimum lot sizes. Minimum lot sizes as required by the subdivision and zoning ordinances may be altered provided:

(1)

The overall base density of the PUD shall be consistent with the capabilities of the city's infrastructure, the comprehensive zoning ordinances, available parking and acceptable vehicular traffic;

(2)

The PUD provides for adequate buffers, architecture and the restriction of building massing to assure compatibility with adjacent development and other buildings within the PUD; and

(3)

The PUD preserves significant natural features on the site.

(f)

Maximum density. The maximum density of a PUD shall be determined by the city's comprehensive zoning ordinances, physical limits of the city's infrastructure, acceptable building heights, increase in vehicular traffic, percentage of open space, and/or compatibility with adjoining developments and any other standards adopted by the city.

(Ord, No. 2009-04, § 2, 2-3-2009)

(a)

Applications shall be submitted in accordance with article VI of the zoning ordinance.

(b)

Preapplication conferences and workshops.

(1)

Prior to filing an application for PUD approval, the prospective applicant shall request a preapplication conference with the city administrator. At the conference, the general outline of the PUD proposal, evidenced schematically by sketch plans, shall be presented by the applicant.

(2)

The applicant may also request a preapplication review or workshop with the planning and zoning commission to allow the applicant and city to comment on the parameters contained within the proposed PUD prior to the formal application. Such reviews and workshops with the planning and zoning commission shall be open to the public. The commission may establish a limit to the number preapplication reviews or workshops granted with the planning and zoning commission prior to the submission of the formal application.

(3)

The city shall endeavor to place notices of these meetings in any one or all of the following, in addition to the required posting on the city bulletin board; (1) the city website; (2) city newsletter; and (3) city marquee sign. These notices shall provide a description of the proposed PUD and its proposed location.

(c)

Application for PUD approval by the planning commission shall be made in the same manner as other zoning related applications are made in the city.

(d)

Fee payment for PUD applications. Fee payment shall be as scheduled by the effective city ordinance or resolution.

(Ord, No. 2009-04, § 2, 2-3-2009)

(a)

The PUD master plan shall include both plans and written documents for the entire PUD area and shall specifically include the following as a minimum:

(1)

The location and gross acreage of each density area including the dwelling intensity of any residential areas or the lot sizes and locations of any other uses within the PUD.

(2)

The location of areas proposed to be conveyed, dedicated or reserved for public open space, playgrounds, school sites or public buildings.

(3)

The location of floodplains and all public streets.

(4)

The conceptual location and acreage of private streets and common open space.

(5)

The location and development criteria of all landscaped buffer areas within 100 feet inside the perimeter of the parcel.

(6)

The development controls which will be applied to assure compatibility of the proposed development with adjacent existing development and zoning districts.

(7)

The assurance of maintenance and continued protection of the PUD, including any of the common open space. This includes, but is not necessarily limited to, restrictive covenants, homeowners' association agreements, maintenance agreements, deeds and agreements establishing easements and rights-of-way.

(8)

The public dedications and physical improvements which will be undertaken to assure compatibility with adjacent land uses and the assurance that the development will not require excessive expenditures by the city for road or utility improvements.

(9)

A plan for the location of all public utilities.

(10)

A drainage plan.

(11)

A plan showing the land uses and density of adjacent development within 200 feet of the boundary of the PUD.

(12)

A landscape plan showing the type, location and size of existing and proposed plant materials.

(13)

Elevations, dimensions and locations of proposed signage.

(14)

Elevations, perspectives and material and color information of proposed buildings.

(15)

Impact studies including the effects on the existing city infrastructure (e.g., water, sanitary sewer, storm sewers) and vehicular traffic.

(16)

Measures to be incorporated within the PUD master plan to provide for auto, golf cart, bike lane and pedestrian links to other areas within the city.

(17)

Measures to be incorporated within the PUD master plan to provide access to any waterfront by the public.

(18)

Measures to be incorporated within the PUD master plan to provide compatibility and integration with the city's comprehensive zoning ordinances.

(b)

All plans shall be submitted at a suitable scale to adequately illustrate all required information and shall not result in a sheet size exceeding 24 inches by 36 inches. The plans should also be provided in an electronic format approved by the city building official.

(c)

Detailed site plans, showing details in excess of those required on the PUD master plan, shall be required as part of a PUD approval. Such site plans shall meet the following criteria:

(1)

Comply with the approved PUD master plan;

(2)

Be submitted to the planning and zoning commission for approval; and

(3)

No building permit shall be issued until a site plan is approved by city council.

(d)

At the discretion of city council, a conceptual development plan may be substituted for the PUD master plan described in subsections (a) through (c) above, for phased developments provided that said plan:

(1)

Provides the level of detail specified in subsections (a) through (c) above, for the initial phase(s) of the development. Less detail could be provided for the later phases of the development;

(2)

Clearly defines the uses, total permitted development and primary transportation system;

(3)

Clearly defines the methods by which land uses proposed along the boundary of the proposed PUD will interface with existing adjacent development;

(4)

Sets forth the manner in which the details outlined in this section shall be provided to the city for approval as part of an ongoing approval process; and

(5)

Sets forth all necessary terms of reference by which ongoing approvals will be evaluated.

(Ord, No. 2009-04, § 2, 2-3-2009)

The PUD master plan may include a definition of major change and minor change. In the absence of any such provision in the PUD master plan, the following criteria shall apply:

(1)

A major change shall constitute any change to an approved PUD master plan that significantly alters the land use or type of businesses to be located within the site or the basic relationship of the proposed development to the adjacent property; or increases the site density, or reduces the yards provided at the boundary of the property by more than ten percent; or increases the building height by more than two feet; or decreases the off-street parking by more than ten percent; or significantly alters site signage. Such a major change shall be submitted to the planning and zoning commission and city council for approval in the same manner as required for approval of the original PUD master plan.

(2)

A minor change shall constitute any change to an approved PUD master plan which does not meet the above criteria. Such minor changes should be submitted to the planning and zoning commission and may be approved by the commission without a public hearing or approval by the city council.

(Ord, No. 2009-04, § 2, 2-3-2009)

Platting will be determined by the proposed PUD master plan. The PUD master plan must be approved prior to or simultaneously with the approval of any plat. All land in a PUD must be platted in accordance with the subdivision ordinance of the city.

(Ord, No. 2009-04, § 2, 2-3-2009)

The PUD agreement and PUD master plan shall be recorded in the official deed records of the county. The recording costs shall be paid by the applicant.

(Ord, No. 2009-04, § 2, 2-3-2009)

The objectives of the town center overlay district are to:

(1)

Allow a mixture of complementary land uses that may include housing, retail, offices, commercial services, arts, and civic uses, to create economic and social vitality and to encourage the town center overlay district to become a point of destination;

(2)

Develop commercial and mixed use areas that are safe, comfortable and attractive to pedestrians;

(3)

Provide flexibility in the site arrangement and design of new developments and redevelopment to anticipate changes in the marketplace;

(4)

Reinforce streets as public places that encourage pedestrian and bicycle travel;

(5)

Provide safe and efficient roadway and pedestrian connections to residential areas;

(6)

Provide transitions between high traffic streets and neighborhoods;

(7)

Encourage efficient land use by facilitating compact, high-density development and minimizing the amount of land that is needed for surface parking;

(8)

Facilitate development (land use mix, density and design) that supports, public transit, where applicable;

(9)

Provide appropriate locations and design standards for automobile- and truck-dependent uses;

(10)

Maintain mobility along traffic corridors and state highways;

(11)

Link all neighborhoods of the town center along the water together with pedestrian trails and public transit; and

(12)

Link all neighborhoods and subdivisions in Clear Lake Shores with the town center through a network of various trails and public transit.

(Ord. No. 2010-01, § 2, 2-16-2010)

(a)

The district shall encompass all of the C-1 and C-2 districts in their entirety and those portions of the neighborhood commercial district which exist south of the southern boundary of Jarboe Bayou.

(b)

The regulations established for the town center overlay district shall supersede all existing regulations established for the above underlying districts.

(Ord. No. 2010-01, § 2, 2-16-2010)

(a)

The town center overlay district is intended to provide a mixture of complimentary and cohesive land uses that include housing, retail, offices, commercial services, and civic uses; to create economic and social vitality and to encourage the town center overlay district to become a destination point; develop commercial (single use) and mixed use areas that are safe, comfortable and attractive to pedestrians; provide flexibility in the siting and design of new developments and redevelopment to anticipate changes in the marketplace; reinforce streets as public places that encourage pedestrian and bicycle travel; and facilitate compact, high-density development and minimizing the amount of land that is needed for surface parking.

(b)

The nature of the permitted uses and scale of buildings within the district are intended to blend with adjacent and nearby properties without causing an adverse impact.

(c)

A building or premises in the district shall be used only for the purposes specified in Appendix 1, (attached to Ord. No. 2010-01 and kept on file in the town clerks office) provided such uses are not noxious or offensive because of the omission of odor, smoke, light, dust, noise, fumes, vibration or particulate matter.

(d)

The district provides for two types of development:

(1)

Commercial (single use) use. The premises must be used solely (100 percent) as one of the permitted uses listed in Appendix 1 and conform to the regulations and requirements as specified herein. A building or premises may not include mixed use components or uses.

(2)

Mixed use. Mixed use premises within the district are permitted and encouraged. Mixed use is a designation intended to encourage better development in the city by allowing more flexibility in the planning and development of projects. A mixed use zoning permit will allow development to occur that allows people to live, work, shop and play in the same location without getting in their car. Mixed use projects are intended to be higher density residential, office, entertainment, arts and commercial enterprises, or other appropriate combinations of uses on the same site. They may be developed and operated as integral land use units by a single owner or combination of owners. An example of mixed use would be residential over commercial or office or office over commercial. The most beneficial scheme is a residence over an office that is over commercial/retail.

To qualify as a mixed use development a developer must obtain a special mixed use zoning permit from the city and conform to the mixed use regulations and requirements as specified herein. Any qualified development project within the district may opt to become a mixed use project in order to enjoy the benefits that mixed use provides. To qualify as mixed use, at least two or more uses must occur on the site or within the structure(s) and meet the following requirement:

a.

For developments of one acre or more, no function may occupy more than 50 percent of the total gross square footage in order for a project to be considered to be mixed use.

b.

For developments less than one acre, no function may occupy more than 85 percent of the total gross square footage in order for a project to be considered to be mixed use.

(3)

Single-family residences that do not meet the requirements for mixed use are permitted in the district, but must conform to all the R-1 residential district regulations.

(Ord. No. 2010-01, § 2, 2-16-2010)

(a)

Development with the district shall be governed by the development standards, Appendix 2 (attached to Ord. No. 2010-01 and kept on file in the town clerks office). These standards are intended to provide some flexibility and leeway to developers while achieving the overall objectives of the district as stated in section 82-271.

(b)

The development standards shall be maintained and updated from time to time by the city's planning and zoning commission and approved by city council, following the normal prescribed statutory procedures for establishing any zoning regulations or making any changes thereto.

(c)

A design review committee is hereby established, the Charter of which is attached to Ord. No. 2010-01 and kept on file in the town clerks office, as Appendix 3, to provide, among its duties guidance, and advice, as needed, to the zoning administrator and the planning and zoning commission in fulfilling their regulatory responsibilities as outlined herein.

(d)

Subject to appeal to the zoning board of adjustments as provided for in this chapter, the zoning administrator and the planning and zoning commission shall have sole discretion in their interpretation of the standards and other regulations pertaining to the town center district.

(e)

The zoning administrator, at his sole discretion and with the assistance and approval of the design review committee, may develop additional illustrative examples (the town center pattern book) of the standards. The objective of these illustrations is only to provide greater clarity and understanding of the approved standards. These illustrations are not intended to be prescriptive or regulatory in nature, but only provide additional guidance to developers in adhering to the standards in their planning for their development projects.

(f)

The zoning administrator shall be responsible for ensuring compliance with the approved town center development regulations and standards and the final approval, with concurrence of the planning and zoning commission, of any zoning permits and development plats for any new development within the town center district.

(Ord. No. 2010-01, § 2, 2-16-2010)

(a)

The regulations established for the town center overlay district shall supersede the regulations contained in article III, "Fencing", of this chapter.

(b)

In regard to article V, "Off-Street Parking and Landscaping Requirements", of this chapter:

(1)

Section 82-326 shall apply except that subsection (b) is modified to allow parking in the right-of-way, except for rights-of-way adjacent to FM 2094, in those areas so designated by the city.

(2)

Section 82-327 shall apply solely to commercial use development only and not to any mixed use development. A mixed use development shall meet the parking requirements specified in Appendix 2 attached to Ord. No. 2010-01 and kept on file in the town clerks office. The number of parking spaces required for a mixed use development may be modified in accordance with Appendix 2, section C "Mixed Use Parking Standards".

a.

Sections 82-329, and 82-331 shall apply in their entirety to the district.

b.

All other regulations within article V of this chapter are superseded.

(c)

The regulations within appendix A, "Signs" of this Code of Ordinances shall pertain to the town center overlay district unless specified otherwise herein.

(d)

In the event any provisions of this chapter 82, "Zoning" or the city's Municipal Code conflicts with the town center overlay district regulations, the town center overlay district regulations shall prevail.

Appendices—The following documents are an integral part of this land use regulation which are attached to Ord. No. 2010-01 and kept on file in the town clerks office and are adopted by reference:

Appendix 1 - Permitted Uses Allowed Within the District

Appendix 2 - Development Standards

Appendix 3 - Design Review Committee Charter

(Ord. No. 2010-01, § 2, 2-16-2010)

The purpose of the RV district is to allow a mixture of complementary land uses for recreational vehicle parking, on-site recreation, and related accessory uses, while protecting residential districts, and encouraging the use of such vehicles to be safe, comfortable and attractive to the residents and occupants of recreational vehicles and parks located in the city.

(Ord. No. 2017-02, § 4, 3-21-2017)

All recreational vehicles, when used for occupancy, shall be located in a recreational vehicle park conforming to the standards set forth in article VI, Recreational Vehicle Parks, of chapter 70, Subdivisions.

(1)

Recreational vehicle parking for overnight or short-term stays of under 30 days.

(2)

Buildings or premises for civic, religious and recreational use of the occupants of the RV park.

(3)

Uses accessory to the above-mentioned permitted uses.

(Ord. No. 2017-02, § 4, 3-21-2017)