In order to regulate and restrict the locations of trades and industries and the location of buildings erected or altered for specified uses, to regulate and limit the height and bulk of the buildings hereafter erected or altered, to regulate and determine the area of yards and other open spaces, and to regulate flood hazards and damages, the City of Clute is hereby divided into districts of which there shall be eight known as:

The districts aforesaid and the boundaries of such districts are shown upon the map accompanying and a part of this ordinance, being designated as "Official Zoning Map" and said map and all the notations, references and other information shown thereon shall be as much a part of this ordinance as if the matters and information set forth by said map were all fully described herein.

(Ord. No. 76-42, § 4, 12-9-76; Ord. No. 83-23, § 9, 12-8-83)

(A)

Use regulation. In the R-1 district, no building or land shall be used and no building shall hereafter be erected or structurally altered, unless otherwise provided in this ordinance, except for one or more of the following uses:

(1)

One conventional dwelling.

(2)

School, public or private, having a curriculum equal to a public elementary, high school, or institution of higher learning.

(3)

Public parks, playgrounds, golf courses (except miniature), public and community buildings.

(4)

Municipal buildings, nonprofit libraries or museums, police and fire stations, and other city installations.

(5)

Home occupations as defined in section 18.1 of Article XVIII, but excluding any type of business which trades in any kind of commodities or makes any type of retail sales, or any type of business which generates high volume traffic, and especially excluding beauty shops, barber shops, book and stationery sales, and the sale or service of food in any form.

(6)

Farms, nurseries, gardens, greenhouses, provided no sales are made and no sales office is maintained.

(7)

Accessory buildings and accessory uses, customarily incident to the above uses (not involving the conduct of a business), when located on the same lot, including a private garage for one or more cars, bona fide servant's quarters not for rent or used for commercial purposes. Detached accessory buildings shall be not less than 60 feet from the front lot line and 12 feet from the main use building.

(8)

Registered family home child care facility as defined by state law.

(B)

Signs. The following signs shall be permissible in this district:

(1)

One unlighted sign, which shall not exceed one square foot in area, indicating the name of the occupant or occupation of a customary home occupation, provided the sign is attached flat to the building.

(2)

One sign, which shall not exceed 16 square feet in area, for church or school.

(3)

One sign, which shall not exceed four square feet in area, for temporary unlighted sign pertaining to the lease, hire for sale of building or property upon which it is located, provided the sign is immediately removed upon the lease, hire or sale of such building or property.

(C)

Height regulations. No buildings in this district shall exceed 2½ stories or 35 feet in height. See section X for special exceptions.

(D)

Area regulations. The following regulations of area shall apply in this district:

(1)

Front yard. There shall be a front yard of not less than 25 feet to the front line of the building on all lots. On corner lots, a front yard of the required depth shall be provided in accordance with the prevailing yard pattern, and a second front (or side) yard shall be provided on the other frontage which is one-half the depth required for the front yard. See section X for special exception. Provided, however, only 50 percent of the required front yard may have a nonpermanable surface.

(2)

Rear yard. There shall be a rear yard having a depth of not less than 25 percent of the total depth, but such rear yard need not be more than 25 feet deep.

Accessory buildings not exceeding one story in height may occupy as much as 40 percent of a required rear yard. Accessory buildings exceeding one story in height may occupy as much as 30 percent of a required rear yard, provided however that no part of an accessory building may extend over the rear property line.

Carports and patio covers, which shall be anchored securely to the ground, shall be considered as structures when computing rear yard requirements.

Preconstructed metal accessory buildings shall not exceed 144 square feet and shall be securely anchored to the ground.

(3)

Side yard. On interior lots there shall be a side yard on each side of a building having a width of not less than five feet. Side yard for corner lot shall be not less than five feet on the interior side, and shall be as provided in [subsection] (1) above for the other side. Accessory buildings shall not be built within five feet of the property line on interior lots, or within ten or 12½ feet of the property line of the street side of corner lots. See section X for special exceptions.

(4)

Lot area per family. Every lot or tract of land shall have an area of not less than 7,200 square feet and an average width of not less than 60 feet.

(5)

Living area per family. Minimum living area per family shall not be less than 850 square feet of area. The term "living space" excludes any attached garage area.

(6)

Reserved.

(E)

Materials of construction. All customary materials of construction may be used so as to conform to the Standard Building Code with the following exceptions:

(1)

Galvanized sheet steel;

(2)

Corrugated tin;

(3)

Transite; and

(4)

Wooden shingles are not permitted.

Provided, however galvanized sheet steel or corrugated tin may be used if they conform to the Standard Building Code class 4 construction and if there is filed with the building official a certificate issued by a registered professional engineer licensed to practice in Texas, to which are affixed his signature and seal, certifying that the building or structure as so constructed meets the wind load requirements of the Standard Building Code for coastal regions.

(F)

Parking regulation. See minimum off-street parking requirements, section XII.

(G)

Specific uses permitted. Refer to section XIII below.

(Ord. No. 83-23, §§ 6, 7, 13, 12-8-83; Ord. No. 92-17, § 2(c), 11-5-92; Ord. No. 97-12, § 2(b), (f), 9-11-97; Ord. No. 2014-004, § 2, 6-12-14)

(A)

Use regulation. In the R-2 district, no building or land shall be used and no building shall hereafter be erected or structurally altered, unless provided in this ordinance, except for the following uses:

(1)

Townhouse dwelling only.

(2)

Accessory buildings for mechanical building maintenance and tool shop, or recreational building, provided such building shall be the same design and appearance as townhouse.

(B)

Signs. The following signs shall be permissible in this district:

(1)

One unlighted sign, which shall not exceed one square foot in area, indicating the name of the occupant.

(C)

Height regulations. No buildings in this district shall exceed three stories or 45 feet in height.

(D)

Area regulations. The following regulations of area shall apply in this district:

(1)

Front yard. There shall be a front yard of not less than five feet to the front line of the building on all lots.

(2)

Side yard. No side yard shall be required between connected townhouses or units, however, such townhouse or townhouse group shall be set back from a side street 25 feet from the building line. Within a townhouse project, there shall be at least 15 feet of separation or combined side yard between each townhouse group.

(3)

Rear yard. Each townhouse or townhouse group shall be set back from the rear lot line at least ten feet from the building line.

(4)

Minimum areas, other than setback requirements. Minimum lot frontages shall be 20 feet. Minimum lot depth shall be 100 feet. Minimum lot area shall be 2,000 square feet. Minimum area per family shall be 3,500 square feet. To determine the minimum area per family, divide the total area of the townhouse project (including common area, private streets and private driveways) by the total number of lots in the project. Minimum living area per family shall be 850 square feet, not including garages or accessory buildings.

(5)

Private yard. Each lot shall contain a private yard with not less than 300 square feet of area. Not more than 50 percent of the required private yard may be occupied by a driveway, but parking areas shall not be included in the computation of the required private yard. A wall or solid fence, not less than five feet in height, shall be required on side lot lines where the required private yard adjoins said lot lines. A private yard may be a patio cover or roof which does not cover more than 25 percent of the private yard.

(E)

Materials of construction.

(1)

Compliance with Standard Building Code. All customary materials of construction may be used so as to conform to the Standard Building Code with the following exceptions:

(a)

Galvanized sheet steel;

(b)

Corrugated tin;

(c)

Transite; and

(d)

Wooden shingles are not permitted.

Provided, however, galvanized sheet steel or corrugated tin may be used if they conform to the Standard Building Code class 4 Construction and if there is filed with the building official a certificate issued by a registered professional engineer licensed to practice in Texas to which are affixed his signature and seal, certifying that the building or structure as so constructed meets the wind load requirements of the Standard Building Code for coastal regions.

(2)

Separation between townhouses.

(a)

Each townhouse shall be considered a separate building and shall be separated from adjoining townhouses by the use of separate exterior walls.

(b)

Such wall shall provide not less than a two-hour fire resistance rating. Plumbing, piping, ducts, electrical or other building services shall not be installed within or through the two-hour wall, unless such materials and methods of penetration have been tested in accordance with section 1001(a) of the Standard Building Code.

(c)

Such wall shall be continuous from the foundation to the underside of the roof sheathing, and the underside of the roof shall have at least one-hour fire resistance for a width of not less than four feet on each side of such wall.

(d)

Said wall may be penetrated by roof and floor structural members provided that the fire resistance rating and the structural integrity of the wall is maintained.

(F)

Parking regulations.

(1)

Two off-street parking spaces shall be provided for each townhouse. At least one space shall be covered and shall be located on the individual's townhouse lot.

(2)

No parking shall be provided in the front five feet of a townhouse lot or common area, nor in the 25 feet adjacent to a side street.

(3)

No driveway shall be located in the front yard of a townhouse.

(4)

One-way driveways shall be at least ten feet in width, and two-way driveways shall be at least 20 feet in width.

(G)

Screening fences. Screening fences shall be required as in section 6.3 of this ordinance.

(H)

Specific uses permitted. Refer to section XIII below.

(Ord. No. 83-23, §§ 7, 8, 12-8-83; Ord. No. 92-17, § 2(d), 11-5-92)

(A)

Use regulations. In the R-3 district, no building or land shall be used and no building shall hereafter be erected or structurally altered, unless provided in this ordinance, except for the following uses:

(1)

Apartment houses or multiple-family dwellings.

(2)

Boarding[houses], lodging[houses] or roominghouses.

(3)

Fraternities, sororities and lodges, excepting those the chief activity of which is a service customarily carried on as a business.

(4)

Accessory buildings and uses customarily incident to any of the above uses, when located on the same lot and not involving the conduct of a business. See section X for special exceptions.

(5)

Nursing homes.

(B)

Signs. Signs permissible in this district include name plates not exceeding two square feet in area, containing the name and occupation or the occupant of the premises, and sign not exceeding 12 square feet in area appertaining to the sale or rental of property on which is it located, such sign to be removed upon sale of property, provided however that no name plate or advertising sign of any other character shall be permitted in this district.

(C)

Height regulation. No building hereafter erected or structurally altered shall exceed three stories or 45 feet in height. See section X for special exceptions.

(D)

Area regulations.

(1)

Front yard. Same as required for R-1 district.

(2)

Rear yard. Same as required for R-1 district.

(3)

Side yard. For buildings not exceeding 2½ stories in height, the side requirements shall be the same as required in the R-1 district. For buildings more than 2½ stories in height, each side yard shall be increased one foot in width for each additional story above the second floor.

(4)

Lot area per unit. The number of apartment units constructed will not exceed 27 units per acre. The minimum lot frontage will be 60 feet.

(5)

Building living area per family. Minimum building area per family shall not be less than 575 square feet of living space. This regulation would not apply to hotels or apartments where no cooking is done in any individual room, suite, or apartment.

(6)

Reserved.

(E)

Material of construction. Same as for R-1 district.

(F)

Parking regulations. See minimum off-street parking requirements, section XII.

(G)

Screening fences. Screening fences shall be required as in section 6.3 of this ordinance.

(H)

Specific uses permitted. Refer to section XIII below.

(Ord. No. 79-22, § 2(17), 8-9-79; Ord. No. 83-23, §§ 4, 5, 7, 12-8-83; Ord. No. 92-17, § 2(e), 11-5-92)

Purpose. This district contains land which is located, designed, and is to be operated as a site for single-family residences in mobile homes, of medium density, and in accordance with the specific requirements of the mobile home park individual (Ordinance No. 97-09 and amendments thereto) [Ch. 70 of Code].

(1)

Permitted uses. Refer to mobile home park ordinance [ch. 70 of Code].

(2)

Conditional uses permitted. Refer to mobile home park ordinance [ch. 70 of Code].

(3)

Area requirements. Refer to mobile home park ordinance [ch. 70 of Code].

(4)

Parking requirements. Refer to mobile home park ordinance [ch. 70 of Code].

(5)

Screening fences. Required as in section 6.3 of this ordinance.

(6)

Specific uses permitted. Refer to section XIII below.

(Ord. No. 83-23, § 11, 12-8-83; Ord. No. 92-17, § 2(f), 11-5-92)

(A)

Purpose. This district includes land which is used primarily for retail business establishments designed to serve the residents of the area adjacent to it.

(B)

Permitted uses. In the C-1 district, no buildings or land shall be used and no building shall be erected or converted to any use other than:

(1)

Automobile parking lots.

(2)

Bakery, retail only.

(3)

Bank.

(4)

Barber and beauty shops.

(5)

Bookstore.

(6)

Cafeteria.

(7)

Child care facilities, as defined by state.

(8)

Christmas tree lot.

(9)

Clinic, other than veterinary.

(10)

Cleaning and pressing shops.

(11)

Computer sales/repair - Cell phone - electronics.

(12)

Drug store/pharmacy.

(13)

Filling station - Convenient Store.

(14)

Fitness center.

(15)

Florists shops.

(16)

Grocery stores.

(17)

Ice retail distributing; no manufacture.

(18)

Mortuaries.

(19)

Motels/hotels.

(20)

Moving picture (motion picture) theater, not including drive-in theaters.

(21)

Office.

(22)

Private club.

(23)

Radio/TV repair and sales.

(24)

Radio/TV studio (excluding tower).

(25)

Real estate office.

(26)

Restaurants.

(27)

Shoe repair.

(28)

Small appliance repair/sales.

(29)

Stores and shops for the sale indoors of products at retail only (exception: occasional sidewalk/parking lot sales by established indoor business on its premises).

(30)

Studio (art, music, photo).

(31)

Taxidermist.

(32)

Video tape sales/rental.

(33)

Washeteria.

(34)

Garden center.

(35)

Lumber yard.

(36)

A residential apartment may be located above any business; and, by specific use permit, a ground floor residential apartment at any business to be occupied by the owner or owner's agent and the immediate family of the owner or owner's agent.

(37)

Any other commercial use, provided such use is not noxious or offensive by reason of emission of odors, soot, dust, smell, gas, fumes or vibrations which can be seen, smelled, heard or felt on the adjoining land of another person but excluding such uses as are enumerated in section VIII(A)(2) below in the M-1 industrial district. Provided, however, a specific use permit must be obtained for any such other commercial use.

(C)

Height regulations. No building hereafter erected or structurally altered shall exceed 22 stories or 35 feet. See section X for special exceptions.

(D)

Area regulation.

(1)

Front yard. Same as required in R-1 district.

(2)

Rear yard. There shall be a rear yard having a depth of not less than 15 feet from the property line. Accessory buildings not exceeding one story in height may occupy as much as 50 percent of a required rear yard. Accessory buildings exceeding one story in height may occupy as much as 40 percent of a required rear yard; provided however that no part of an accessory building may extend over the rear property line.

(3)

Side yard. For additional uses in this district, no side yards are required, except that on a corner lot the side yard on the street side shall not be less than 122 feet in width. If side yards are provided, on interior lots, they shall be not less than five feet in width. The side yard of a lot which abuts upon property zoned for R-1 or R-2 use shall have a minimum width of five feet on the abutting side, and conform to article VI, section 6.3.

(4)

Lot area. There are no minimum lot area or lot width requirements for other uses permitted in this district.

(E)

Parking. See schedule [of] minimum off-street parking requirements, section XII.

(F)

Materials of construction. Uses allowed in a C-1 district, all customary material of construction may be used so as to conform to the Standard Building Code with the following exceptions:

(1)

Corrugated tin; and

(2)

Transite.

(G)

Screening fences. Screening fences shall be required as in section 6.3 of this ordinance.

(H)

Specific uses permitted. Refer to section XIII below.

(Ord. No. 79-22, § 2(18), 8-9-79; Ord. No. 79-34, § 2(1), 11-29-79; Ord. No. 80-13, § 2, 3-27-80; Ord. No. 83-23, § 2, 12-8-83; Ord. No. 92-17, §§ 2(g), (h), 11-5-92; Ord. No. 2008-7, § 2, 3-13-08; Ord. No. 2010-16, § 2(a), 8-26-10; Ord. No. 2016-008, § 2, 3-24-16)

(A)

Purpose. This district includes land which is used primarily for retail businesses and other nonindustrial commercial establishments which serve the entire community and its visitors.

(B)

Permitted uses. In the C-2 district, no land shall be used and no building shall be erected or converted to any use other than:

(1)

Any use permitted in the C-1 neighborhood commercial district.

(2)

Air conditioning, heating, plumbing and electrical supply and/or service.

(3)

Automobile and automobile component repair.

(4)

Boat sales/repair.

(5)

Carpenter/cabinet shop.

(6)

Carpet cleaning if dust-proof rooms and dust catching washing and scouring equipment are provided.

(7)

Ice manufacturer.

(8)

Drive-in theaters.

(9)

Equipment rental.

(10)

Garden center/nursery.

(11)

New/used car lot.

(12)

Lumber yard (building materials).

(13)

Service station.

(14)

Sheet metal shop.

(15)

Stone monument works, retail only.

(16)

Storage warehouse including mini-self-storage warehouse (all storage enclosed in building).

(17)

Veterinary clinic or boarding kennel/small animal.

(18)

Wholesale commodities warehouse.

(19)

Automotive repair yard.

(20)

Sexually oriented business by specific use permit only.

(21)

Hotels.

(22)

Parking lots.

(23)

Convention center.

(24)

Home improvement store.

(25)

Any other commercial use, provided such use is not noxious or offensive by reason of the emission of odors, dust, soot, smell, gas, fumes or vibrations which can be seen, smelled, heard or felt on the adjoining land of another person but excluding such uses as are enumerated in section VIII(A)(2) below in the M-1 M-2 industrial district. Provided, however, a specific use permit must be obtained for any such other commercial use.

(C)

Height. In the business district, the height and size of buildings shall be as follows; provided, however, that buildings erected or structurally altered and used exclusively for dwelling purposes shall comply with the front, side and rear yard, and lot area per family regulations of the R-3 residence use [apartment] district, for apartments incidental to uses included in this zone:

Any building hereafter constructed shall have no less than a ten-foot setback line from the street right-of-way line for a single-story building to allow for sidewalks; however, four feet may be added to the height of the building for each one foot that the building is set back from the required distance and the minimum required yard lines.

(D)

Area regulations.

(1)

Front yard. Minimum ten feet required.

(2)

Side yard. No side yard required except on that side of a lot abutting upon the side of a lot zoned for dwelling purposes in which case there shall be a side yard of not less than five feet.

(3)

Rear yard. Minimum 15 feet required.

(4)

Corner lot. Minimum ten feet required on both street fronts.

(E)

Parking regulations. See minimum off-street parking requirements, section XII.

(F)

Screening fences. Screening fences shall be required as in section 6.3 of this ordinance.

(G)

Specific uses permitted. Refer to section XIII below.

(H)

Any new or existing structure used for a sexually oriented business must be connected to city utility services.

(Ord. No. 79-34, § 2(3), (4), 11-29-79; Ord. No. 92-17, § 2(i)—(k), 11-5-92; Ord. No. 97-12, § 2(c), 9-11-97; Ord. No. 2010-27, §§ 2(2), 2(3), 12-9-10; Ord. No. 2016-008, § 2, 3-24-16)

(A)

Use regulations. In the M-1 industrial district, no land shall be used and no building shall be erected for or converted to any use other than:

(1)

Any use permitted in the business district (C-2).

(2)

Any of the following uses:

1.

Heavy construction and heavy industrial contractors.

2.

Industrial service providers.

3.

Wholesale sales of industrial or construction materials.

4.

Warehouse, storage or sales of Industrial or construction equipment.

5.

Distribution center.

6.

Delivery services.

7.

Trucking facilities.

8.

Heavy truck or equipment repair.

9.

Whole sale produce distribution.

(B)

Height. In the industrial district, no building hereafter erected or structurally altered shall exceed a height equal to twice the width of the widest street on which said building is located; and in no case shall the height be greater than five stories or 60 feet, ten stories or 120 feet. Provided, however, the height restrictions may be increased above these limits in individual cases by a special exception granted upon the landowner(s) application by the city council.

(C)

Area regulations.

(1)

Front yard. A front yard of ten feet will be required.

(2)

Side yard. No side yard required, but if provided, it shall not be less than three feet, and except on that side of the lot abutting upon the side on a lot zoned for dwelling purposes, in which case there shall be a side yard of not less than five feet.

(3)

Rear yard. No rear yard required.

(D)

Parking regulations. See minimum off-street parking requirements, section XII.

(E)

Screening fences. Screening fences shall be required as in section 6.3 of this ordinance.

(F)

Specific uses permitted. Refer to section XIII below.

(Ord. No. 79-34, § 2(5), 11-29-79; Ord. No. 92-17, § 2(l), (m), 11-5-92; Ord. No. 2016-009, § 2(2), 3-24-16)

(A)

Use regulations in the M-2 specialized industrial district. No land shall be used and no buildings shall be erected for or converted to any use other than a manufacturing or industrial process requiring the chemical or biological mixing or blending of products or production or products not prohibited by any other law. Provided, however, no building or occupancy permit shall be issued for any of the following uses UNLESS AND until the location of such use shall have been authorized by a specific use permit:

(a)

Cement, lime (gypsum or plaster of Paris manufacture).

(b)

Chemical/petro-chemical manufacturing or processing.

(c)

Distillation of bones.

(d)

Explosive, manufacture or storage.

(e)

Fat rendering.

(f)

Fertilizer manufacture.

(g)

Garbage, offal or dead animal reduction or dumping.

(h)

Glue manufacture.

(i)

Smelting of ores or melting of metals.

(j)

Stockyards, or slaughter of animals.

(k)

Tank cleaning facility.

(l)

Tannery.

(m)

Used car dismantling yard.

(n)

Storage or bailing of rags, paper, iron or junk.

(o)

Oil well drilling.

(p)

Cotton gin.

(q)

Wholesale storage of gasoline, petroleum products or other chemicals in carload lots or more above ground.

(r)

Automotive storage yard.

(s)

Automotive wrecking and salvage wrecking and salvage yard.

(Ord. No. 2016-009, § 2(3), 3-24-16)

(A)

Purpose. The purpose of this district is to permit such flexibility and to provide performance criteria which can result in planned developments which produce:

A maximum choice in the type of environment and living unity available to the public.

Open space and recreation areas.

A pattern of development which preserves the outstanding natural topography and geologic features and prevents soil erosion.

A creative approach to the use of land and related physical development.

An efficient use of land resulting in smaller networks of utilities and streets and thereby lower housing costs.

An environment of stable character in harmony with surrounding development.

A more desirable environment than would be possible through strict application of other sections or districts in this ordinance.

(1)

The planned unit development district is designed to provide for small- and large-scale developments incorporating a single type or a variety of residential and related uses which are planned and developed as a unit. Such developments may consist of individual lots or may have common building sites. Common land may be an essential and major element of the plan which is related to and affects the long-term value of the homes or other development. A planned unit shall be a separate entity with a distinct character in harmony with the surrounding development.

(2)

In a planned unit development, if maximum building heights, minimum lot sizes, setback lines, lot widths or lot depths are to be different from established standards for the respective land uses, approval for such deviation must be acquired from the planning commission. No structure shall be more than 240 feet in length, and there shall be a minimum of 15 feet between structures. The limit of 240 feet in length will be waived if the structure is completely equipped with an automatic sprinkler system conforming to the standards of the National Fire Protection Association for the Installation of Sprinkler Systems. No structure shall be constructed within 15 feet of the exterior property lines of the development.

(3)

If a developer proposes to vary from the established zone use standards (i.e., R-1, R-2, R-3, etc.) or from the standards established by any other code or ordinance of the City of Clute, approval for such deviation must be acquired through the planning and zoning commission and the city council. All plans submitted to the planning and zoning commission and the city council must specifically describe and set out such deviation. Approval shall be considered in the preliminary development plan submitted as in subsection (C). All construction shall be shown on the approved plans.

(B)

Location. A planned unit development may be established in any district as approved through the normal zoning procedures.

(C)

Submission procedure.

(1)

A preliminary development plan shall be submitted to the planning and zoning commission for their review and approval. The preliminary development plan shall contain the following information:

(a)

Preliminary subdivision plat.

(b)

Location of and size of buildings.

(c)

Location and number of parking spaces.

(d)

Explanation and designation of all proposed uses in the PUD.

(e)

Number of dwelling units per acre if for residential developments.

(f)

Square feet of recreation space if for residential development.

(g)

Square feet of open space if residential development.

(h)

Other information as may be required or requested by the planning and zoning commission or city council.

(i)

Explanation and description of any requested deviation from the established zone use standards or from any other standards established by any other code or ordinance of the City of Clute.

(2)

If these plans are approved by the commission, they shall be submitted to the city council for approval. Approval by the city council shall constitute approval of the land use as proposed.

(3)

A final development plan shall be submitted to the planning and zoning commission within one year of preliminary approval by the city council unless an extension has been granted by the city council. The final development plan shall include all requirements of the preliminary development plan in final form in addition to the following information:

(a)

Square feet of all structures and within all structures and outside and inside dimensions on all structures including distances apart and setbacks from property lines and appurtenances.

(b)

Name of development and/or subdivision.

(c)

Name of owner and engineer, land planner or surveyor responsible for the preparation of the plat.

(d)

Boundary lines, existing building lines, and width and location of platted streets and alleys within and adjacent to the property.

(e)

Width and depth of proposed lots.

(f)

Physical features of the property including location of watercourses, culverts, proposed drainage ditches, and present structures, streets, etc., including widths and names.

(4)

After consideration by the planning and zoning commission, the final development plan shall be submitted to the city council with a recommendation for approval or disapproval and other information from the commission as deemed appropriate. Approval by the city council constitutes authority to begin construction after necessary permits are acquired and fees paid.

(D)

Stage construction. Stage construction will be considered if proposed in the preliminary plan. The preliminary development plan and the preliminary subdivision plat shall show all of the development stages and the approximate boundaries of each stage. The final subdivision plat and final development plans for each succeeding stage shall be submitted at not more than one year intervals.

(E)

Utilities. The method of providing utilities and streets shall be in accordance with the requirements of chapter 102 of the Code of Ordinances of the City of Clute unless any deviations have been approved as required in [subsection] A(3) above.

(F)

Homes association. A homes association will be required if other satisfactory arrangements have not been made for providing, operating and maintaining common facilities including streets, drives, service and parking areas, common open spaces, and common recreational areas. The incorporation of the homes association must provide for the following:

(1)

Establish automatic membership in a nonprofit homes association of all lot owners in the PUD.

(2)

Place title to the common property in the homes association or give definite assurance that it automatically will be so placed within a reasonable definite time.

(3)

Appropriately limit the uses of common property.

(4)

Give each lot owner the right to the use and enjoyment of the common property.

(5)

Place responsibility with the homes association for:

(a)

Maintenance and operation of the common property.

(b)

Administration of architectural controls.

(c)

Enforcement of covenants.

(d)

Maintenance of all or part of the exterior improvements of individual properties.

(6)

Place an association charge on each lot in a manner which will:

(a)

Assure sufficient association funds.

(b)

Provide adequate safeguards for the lot owners against undesirably high charges.

(7)

Provide that a lien shall be placed upon property of which home association charges are delinquent.

(8)

Give each lot owner voting rights in the association.

The homes association incorporation must meet with the approval of the city attorney and sufficient notice of the same as indicated by the city attorney must be filed for record with the county clerk of Brazoria County, Texas. Provisions may be required to allow for proper maintenance and ownership as determined by the city in case of apparent default or abandonment to be determined by the city council on the part of the homes association.

(G)

Relation of other city ordinances and codes. The provisions of the housing code, building code, fire prevention code, plumbing code and electrical code, and all other codes and ordinances, are specifically mentioned as applicable to the PUD unless deviations have been approved as required in [subsection] A(3) above.

(Ord. No. 79-22, § 2(18), 8-9-79; Ord. No. 79-34, § 2(6), 11-29-79; Ord. No. 81-09, §§ 2, 3, 4-23-81; Ord. No. 81-10, §§ 2, 3, 4-23-81)

(A)

Use regulations. On all existing rights-of-way of railroad companies, regardless of the zoning district in which such rights-of-way are located, railroad trackage and accessories to railroad movement may be constructed or maintained.

(B)

Height regulations.

(1)

Public, semi-public, or public service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not to exceed 60 feet and churches and temples may be erected to a height not exceeding 75 feet, if the building is set back from each yard line at least one foot for each two feet additional height above the height limit otherwise provided in the district in which the building is located.

(2)

Chimneys, cooling towers, elevator bulk heads, fire towers, grain elevators, flour mills, monuments, stacks, or scenery lofts, tanks, water towers, ornamental towers and spired church steeples, radio or television towers, or necessary mechanical appurtenances, may be erected to a height in accordance with ordinances which may be hereafter adopted by the City of Clute. In the absence of such ordinances, there shall be no height limitation for these structures.

(C)

Area regulations.

(1)

Front yard. Where 40 percent or more of the frontage on one side of a street between two intersecting streets is developed with buildings that have observed (with a variation of five feet or less) a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the front yard so established by the existing buildings. In determining such front yard depth, buildings located entirely on the rear half of a lot shall not be counted.

(2)

Side yard. A side yard of not less than 25 feet on the side of the lot adjoining an R-1 or R-2 district shall be provided for all schools, libraries, churches, community houses, clubs and other public or semi-public buildings hereafter erected or structurally altered.

(3)

Garages. Garages detached or attached to the main use building which enter on the side street on a corner lot, shall maintain a side yard of 20 feet in front of the garage.

(D)

Reserved.

(Ord. No. 79-22, § 2(19), 8-9-79; Ord. No. 83-07, § 5, 3-10-83)

(A)

Use regulations. This district includes only land which is used for:

(1)

Permanent conventional dwellings of single families; and

(2)

Individually owned HUD-Code manufactured homes which are used as a single-family dwelling and where the owner thereof owns the land on which it is located.

(B)

Permitted uses.

(1)

One conventional dwelling or one HUD-Code manufactured home.

(2)

Accessory buildings and accessory uses, customarily incident to the above uses, when located on the same lot, including a private garage for one or more cars. Detached accessory buildings shall be not less than 60 feet from the front lot line and 12 feet from the main use building.

(C)

Height regulations. No HUD-Code manufactured home in this district shall exceed one story.

(D)

Area regulations. The following regulations of area shall apply to this district:

(1)

Front yard. There shall be a front yard of not less than 25 feet to the front line of the building on all lots. On corner lots, a front yard of the required depth shall be provided in accordance with the prevailing yard pattern, and a second front (or side) yard shall be provided on the other frontage which is half the depth required for the front yard. See section X for special exception.

(2)

Rear yard. There shall be a rear yard having a depth of not less than 25 percent of the total depth, but such rear yard need not be more than 25 feet deep.

Accessory buildings not exceeding one story in height may occupy as much as 40 percent of a required rear yard.

Carports and patio covers, which shall be anchored securely to the ground, shall be considered as structures when computing rear yard requirements.

Prefabricated metal accessory buildings shall not exceed 144 square feet and shall be securely anchored to the ground.

(3)

Side yard. On interior lots there shall be a side yard on each side of a building having a width of not less than five feet. Side yard for corner lots shall be not less than five feet on the interior side, and shall be as provided in [subsection] (1) above for the other side. Accessory buildings shall not be built within five feet of the property line on interior lots, or within ten or 12½ feet of the property line of the street side of corner lots. See section X for special exceptions.

(4)

Lot area per family. Minimum of 7,200 square feet and an average width of not less than 60 feet.

(5)

Living area per family. Minimum living area per family shall not be less than 850 square feet of area. The term "living space" excludes any attached garage area.

(E)

Special requirements for manufactured dwellings.

(1)

All axles, wheels and external trail hitch tongues or similar devices on or by means of which such dwelling is or may be transported must be removed from the dwelling and the district within ten days.

(2)

All manufactured dwellings brought into this district must be placed on and secured to a permanent concrete foundation and connected to the municipal water and sewer system within ten days.

(3)

Within ten days after any manufactured dwelling is placed on a permanent foundation in this district, metal or masonry skirting completely surrounding the exterior of such dwelling must be installed so as to provide adequate access and ventilation and must thereafter be continually maintained in a good state of repair. As used herein, "access" means a crawl space of at least 12 inches but not more than 24 inches.

(4)

All manufactured dwellings placed in this district must meet all then current requirements for a HUD-Code manufactured home located in Counties of Texas located on the Gulf of Mexico contained in federal and state HUD-Code manufactured home construction and safety standards or statutes as well as any then current standard building or other standard code adopted by the Code of Ordinances of the city except as modified by this subsection of the comprehensive zoning ordinance of the city and not in conflict with such standards and statutes.

(Ord. No. 97-12, § 2(e), 9-11-97)

Editor's note— Ord. No. 79-22, § 2(18), enacted Aug. 9, 1979, provided that the land intensity use chart, formerly included at § XI, be made a part of § IX(E)(2). Section 2(20) of Ord. No. 79-22 provided that former § XI be repealed.

(A)

Purpose. It is the purpose of this section to establish the guidelines for off-street parking space consistent with the proposed land use to:

(1)

Eliminate occurrence on nonresident on-street parking in adjoining neighborhood;

(2)

Avoid the traffic congestion and public safety hazards caused by a failure to provide such parking space; and

(3)

Expedite the movement of traffic on public thoroughfares in a safe manner and thus increasing the carrying capacity of the streets, reducing the amount of land required for streets and the cost to both the property owner and the city.

(B)

Off-street parking spaces required. In all districts, for all uses, there shall be provided at the time any building or structure is erected or enlarged or increased in capacity, or at any time any other use is established, off-street parking spaces for motor vehicles in accordance with the requirements specified herein.

(C)

Dimensions and access. Each off-street parking space for automobiles shall have an area of not less than nine feet by 20 feet. Each off-street parking space for truck unloading shall have an adequate unloading area. Each parking space and the maneuvering area thereto shall be located entirely upon private property. There shall be adequate provision for ingress and egress to all parking spaces, and there shall be adequate maneuvering space to eliminate backing into public right-of-way on major streets.

(D)

Off-premises locations. For any new use, building or structure where the required off-street parking cannot be provided on the premises because of the size of the location of the lot, or building plot, such parking may be provided on other property under the same ownership not more than 200 feet distant from the building site and provided the proposed parking area is located in a district where parking lots are permitted.

(E)

Development and maintenance of parking area. Every parcel of land hereafter used as public parking area, including commercial parking lots, shall be developed and maintained in accordance with the following requirements.

(F)

Surfacing. Except as provided, all off-street areas shall be all-weather surfaced, shall be installed, graded to drain, and maintained so as to dispose of surface water accumulated within the area. "All-weather surface" shall consist of paving with not less than five inches of reinforced Portland concrete or four inches of hot-mix asphaltic concrete with six inches of line treated sub-base or crushed concrete unless otherwise approved by the city manager or designee. Parking spaces shall be so arranged and marked as to provide for orderly and safe parking of vehicles as referred to in subsections (B) and (C) of this section. Surfaces shall be subject to approval by the chief building official.

(G)

Lighting. Any lighting used to illuminate an off-street parking area shall be arranged so as to direct or shield the light away from the adjoining premises in any residential district.

(H)

Review by city engineer. Plans for off-street parking areas for more than five vehicles, and the provision for ingress and egress to all off-street parking areas, shall be reviewed by the city engineer prior to the issuance of a building permit, and the city engineer shall indicate his approval by notation on the drawing: "Parking Area and/or access approved" with signature and the date.

(I)

Number of off-street parking spaces required. The number of off-street parking spaces required shall be determined from the following table of off-street parking requirements. The classification of uses referred to shall be deemed to include and apply to all uses.

_____

MINIMUM OFF-STREET PARKING REQUIREMENTS

Note: DU—Dwelling unit; sq. ft.—Square feet of floor space. Generators of traffic not listed above to conform to nearest classification listed.

(Ord. No. 79-22, § 1(21), 8-9-79; Ord. No. 92-17, § 2(o), 11-5-92; Ord. No. 2003-24, § 2, 8-28-03; Ord. No. 2010-27, § 2(4), 12-9-10)

_____

(1)

In addition to the certificate of occupancy and compliance called for in article VII, section 7.4 above, a specific use permit shall be required before the following specific uses can be permitted in the district or districts indicated:

Parking requirements for each specific use are to be determined by the city council.

(2)

A specific use permit is an amendment to the district regulations of the zoning ordinance that permits the permanent establishment of a specific use within a zoning district in which such specific use may be established. The public hearing process shall be in accordance with sections 13.1, 13.2 and 13.3 of article XIII of the [this] zoning ordinance.

(3)

The building official shall not issue a certificate of occupancy and compliance for such uses that are hereafter created, changed, converted or enlarged, either wholly or in part, until a specific use permit has been obtained in accordance with the amendment procedures set forth in article XIII.

(4)

The purpose of the regulations described in this subsection [section] is to allow the proper integration into the city of uses which may be suitable only in specific locations in a zoning district.

(5)

Application for a specific use permit shall be made by the property owner or certified agent thereof to the planning commission on forms prescribed for this purpose by the city council. Such application shall be accompanied by a site plan. Specific use permits, revocable, conditional or valid for a term period may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this ordinance. Granting of a specific use permit does not exempt the applicant from complying with the requirements of the building code or other ordinances.

(6)

The fee to cover administrative and processing costs of a specific use permit application may be established by the city council.

(7)

In considering any application for a specific use permit, the planning commission shall give due regard to the nature and condition of all adjacent uses and structures. The planning commission may recommend disapproval of an application for a specific use permit, and, in recommending approval of a specific use permit, the planning commission may impose such requirements and conditions with respect to location, construction, maintenance and operation, in addition to the regulations of the district in which the particular use is located, as they may deem necessary for protection of adjacent properties and public interest.

(8)

Provided that the planning commission finds:

(a)

That the proposed structure or use conforms to the requirements and intent of this ordinance and the comprehensive plan of the city;

(b)

That any additional conditions stipulated by the planning commission as deemed necessary in the public interest have been met; and

(c)

That such use will not under the circumstances of the particular case constitute a nuisance or be detrimental to the public welfare of the community;

the planning commission shall make a favorable recommendation in behalf of the application to the city council.

(9)

Every specific use permit granted by the city council shall be considered as an amendment to the [this] zoning ordinance as applicable to such property. In granting such permit the city council may impose conditions which shall be complied with by the grantee before a certificate of occupancy and compliance may be issued by the building official for the use of the buildings on such property pursuant to said specific use permit; and such conditions precedent to the granting of the certificate of occupancy and compliance.

(10)

Following the passage of a specific use permit ordinance by the city council, the building official shall issue certificate of occupancy and compliance, as provided in article VII, section 7.4 above, and shall ensure that development is undertaken and completed with said permits.

(Ord. No. 79-22, § 2(22), 8-9-79; Ord. No. 83-23, § 3, 12-8-83; Ord. No. 92-17, § 2(n), 11-5-92; Ord. No. 97-12, § 2(d), 9-11-97; Ord. No. 99-22, § 2, 7-8-99; Ord. No. 96-04, § 2, 3-28-96; Ord. No. 2002-12, § 2, 8-22-02; Ord. No. 2010-16, § 2(2), 8-26-10; Ord. No. 2010-27, § 2(5), 12-9-10)

Woodshore PUD—Commercial sub-district

(A)

Purpose. This sub-district includes land which is used primarily for retail business and commercial office establishments designed to serve the residents of Woodshore as well as the entire community and its visitors.

(B)

Permitted uses. In the PUD-C sub-district, no land shall be used and no building shall be erected or converted to any use other than:

(1)

Age restricted residential low, medium and high density housing.

(2)

Automobile parts stores limited to national chains.

(3)

Bakery, candy confectionery - retail only.

(4)

Barber and beauty shops.

(5)

Bookstore, stationery stores and newsstands.

(6)

Cafeteria.

(7)

Christmas tree lot.

(8)

Cleaning and pressing shops.

(9)

Clinics, other than veterinary with outdoor boarding facilities.

(10)

Copying, photography or duplicating services.

(11)

Custom dressmaking, millinery and tailor shops.

(12)

Delicatessen shops.

(13)

Drug store/pharmacy.

(14)

Florist and gift shops.

(15)

Furniture store.

(16)

Grocery stores (including gas stations), meat markets.

(17)

Health and physical fitness centers.

(18)

Indoor game parlors; commercial indoor recreation.

(19)

Jewelry stores, optical goods.

(20)

Motels/hotels.

(21)

Musical instrument sales and repair and sheet music and record sales.

(22)

Package liquor store: Sales of alcoholic beverages for off-premises consumption.

(23)

Private membership club.

(24)

Professional offices including: Accounting, auditing, tax and bookkeeping services.

(25)

Adjustment and collection services.

(26)

Advertising services.

(27)

Architectural firms.

(28)

Banks, savings and loans, credit unions, and financial institutions.

(29)

Brokerage offices.

(30)

Business associations.

(31)

Child care centers not located in a shopping center or an integrated business development.

(32)

Consultant services office.

(33)

Consumer and mercantile credit reporting.

(34)

Currency exchanges and services.

(35)

Dental offices, dental laboratories.

(36)

Engineering, architectural and planning services.

(37)

Insurance carriers, agents, brokers and related services.

(38)

Law firms.

(39)

Limited service postal facility.

(40)

Medical clinics or offices.

(41)

Medical and dental laboratory.

(42)

Professional offices.

(43)

Real estate offices.

(44)

Security and commodity brokers, dealers.

(45)

Stenographic, duplicating and mailing services.

(46)

Telephone answering service.

(47)

Title abstractors and appraisers.

(48)

Travel arranging and ticket services.

(49)

Radio, television, computer, cell phone, technology sales, service and electronic devices.

(50)

Restaurants (Alcoholic beverages are permitted when served on premises incidental to the serving of food).

(51)

Service shops (i.e., hair salons, shoe repair, and personal care facilities).

(52)

Specialty shops.

(53)

Sporting goods including gun sales and repair.

(54)

Studios (art, music, drama, photo).

(55)

Theater (motion/moving pictures), not including drive-in theaters.

(56)

Variety, department and discount stores (including pet stores).

(57)

Other stores and shops for the sale indoors of products at retail only (exception: Occasional sidewalk/parking lot sales by established indoor business on its premises).

(58)

Wine bars, brew pubs and specialty pubs.

(59)

Other businesses approved by special use permit

(60)

Retirement homes, assisted living facilities.

(61)

Child care facilities.

Notwithstanding anything herein to the contrary, the city manager and/or planner shall have the authority to approve compatible and/or similar uses to the permitted use list.

(C)

Prohibited uses. In the PUD-C district, no land shall be used and no building shall be erected or converted to any of the following uses:

(1)

Apartments.

(2)

Non-national franchise automobile parts, service & repair businesses (by special use permit only).

(3)

Automobile parking lots; not specifically connected to an allowed use.

(4)

Child care facilities, as defined by state in a shopping center.

(5)

Churches, auditoriums, lodges, and social clubs.

(6)

Convenience stores other than as a part of a grocery store fuel facility operation.

(7)

Flea markets.

(8)

Gas/diesel service station (exception grocery stores).

(9)

Ice retail distributing; no manufacture (exception grocery stores).

(10)

Industrial and manufacturing use businesses.

(11)

Veterinary clinics, kennels with outdoor overnight facilities and keeping of livestock or poultry.

(12)

Mortuaries.

(13)

Produce stands.

(14)

Retirement homes. Assisted living facilities.

(15)

Temporary roadside businesses.

(16)

Schools.

(17)

Sexually oriented businesses; Adult entertainment establishments.

(18)

Taxidermist.

(19)

Washateria.

(20)

Commercial communication towers, antennas, & satellite dishes (by special use permit only).

(D)

Height regulations. No building hereafter erected or structurally altered shall exceed three stories or 50 feet in height, except with approval of a specific use permit.

(E)

Area regulation.

(1)

Front yard shall be a minimum of 40 feet along Oyster Creek Drive and 30 feet along Dixie Drive and 25 feet along local streets.

(2)

Rear yard. There shall be a rear yard having a depth of not less than 20 feet from the property line to a primary building for retail and 70' for office buildings. Accessory buildings not exceeding one story in height may occupy as much as 50 percent of a required rear yard. Accessory buildings exceeding one story in height may occupy as much as 40 percent of a required rear yard; provided however that no part of an accessory building may extend over the rear property line.

(3)

Side yard. Side yards shall be a minimum of 25 feet adjoining a thoroughfare, 20' adjoining a local street, 30 feet adjoining residential and internal side yards/building separations between buildings per the International Building Code adjoining commercial buildings.

(4)

Lot area. There are no minimum lot area or lot width requirements in this sub-district

(F)

Parking. See schedule [of] minimum off-street parking requirements, section XII, Code of Ordinances unless a national chain user demonstrates a lesser parking number/ratio that satisfies their historic requirements in which case the city may grant a parking variance.

(G)

Materials of construction. Uses allowed in a C-1 district, all customary material of construction may be used so as to conform to the Standard Building Code with the exception of transite.

(H)

Screening fences. Screening fences shall be required as in section 6.3 of the zoning ordinance and as supplemented by the Woodshore Architectural Guidelines.

Woodshore PUD—Single-family residential sub-district

(A)

Use regulation. In the PUD-R-SF sub-district, no building or land shall be used and no building shall hereafter be erected or structurally altered, unless otherwise provided in this ordinance, except for one or more of the following uses:

(1)

One conventional dwelling.

(2)

Public parks, playgrounds, public and community buildings. Municipal buildings, nonprofit libraries or museums, police and fire stations, and other city installations.

(3)

Home occupations as defined in section 18.1 of Article XVIII of the City of Clute Code of Ordinances, but excluding any type of business which trades in any kind of commodities or makes any type of retail sales, or any type of business which generates high volume traffic, and especially excluding beauty shops, barber shops, book and stationery sales, and the sale or service of food in any form, in addition to any automotive repair or service business.

(4)

Accessory buildings and accessory uses, customarily incident to the above uses (not involving the conduct of a business), when located on the same lot, including a private garage for one or more cars, bona fide servant's quarters not for rent or used for commercial purposes.

(5)

Detached accessory buildings shall be not less than 60 feet from the front lot line and 12 feet from the main use building.

(B)

Signs. The following signs shall be permissible in this district:

(1)

One sign, which shall not exceed four square feet in area, for temporary unlighted sign pertaining to the lease, hire for sale of building or property upon which it is located, provided the sign is immediately removed upon the lease, hire or sale of such building or property.

(C)

Height regulations. No buildings in this district shall exceed 2 1/2 stories or 35 feet in height.

(D)

Area regulations. The following regulations of area shall apply in this district:

(1)

Front yard. There shall be a front yard of not less than 25 feet to the front line of the building on all lots. On corner lots, a front yard of the required depth shall be provided in accordance with the prevailing yard pattern, and a second front (or side) yard shall be provided on the other frontage which is a minimum of 12.5 feet. On culs-de-sac a 20' setback is the minimum. See section X for special exception.

(2)

Rear yard. There shall be a rear yard having a depth of not less than 10 feet deep. Accessory buildings not exceeding one story in height may occupy as much as 40 percent of a required rear yard. Accessory buildings exceeding one story in height may occupy as much as 30 percent of a required rear yard, provided however that no part of an accessory building may extend over the rear property line. Setback to rear property of 10 feet.

(3)

Patio roofs, which shall be anchored securely to the ground, shall be considered as structures when computing rear yard requirements. Prefabricated metal accessory buildings shall not exceed 144 square feet and shall be securely anchored to the ground and screened in accordance with the Woodshore Guidelines.

(4)

Side yard. On interior lots there shall be a side yard on each side of a building having a width of not less than 5 feet. Side yard for corner lot shall be not less than 5 feet on the interior side, and shall be as provided in [subsection] (1) above for the other side. Accessory buildings shall not be built within 5 feet of the property line on interior lots, or within ten or 12 1/2 feet of the property line of the street side of corner lots.

(5)

Lot area per family. Every lot or tract of land shall have an area of not less than 6,500 square feet. (See Woodshore PUD-Miscellaneous Regulations)

(6)

Lot width. Every lot or tract of land shall have an average width of not less than 50 feet and a minimum width of lot at building setback line of 40 feet for cul-de-sac lots.

(7)

Living area per family. Minimum living area per family shall not be less than 1600 square feet of area for 50 and 60 feet wide lots, 1,800 square feet for 70 & 80 feet wide lots and 2,300 square feet for 90 & 100 feet wide lots. The term "living space" excludes any attached garage area.

(E)

Materials of construction. All customary materials of construction may be used so as to conform to the Standard Building Code with the following exceptions and as permitted in the PUD-Woodshore Miscellaneous Regulations:

(1)

Galvanized sheet metal siding;

(2)

Corrugated tin siding;

(3)

Transite; and

(4)

Wooden shingles are not permitted.

(F)

Parking regulation. There shall be a minimum of 2 covered and 2 noncovered off-street parking spaces per single-family dwelling unit.

(G)

Specific uses permitted. Refer to Section XIII, City of Clute Code of Ordinances and the Woodshore Guidelines, Covenants and Restrictions.

Woodshore PUD—Townhouse Residential Sub-District

(A)

Use regulation. In the PUD-R-TH sub- district, no building or land shall be used and no building shall hereafter be erected or structurally altered, unless otherwise provided in this ordinance, except for one or more of the following uses:

(1)

Townhouse dwelling only.

(2)

Accessory buildings for mechanical building maintenance and tool shop, garages, or recreational building, provided such building shall be the same design and appearance as townhouse.

(3)

Public parks and playgrounds.

(B)

Signs. The following signs shall be permissible in this district:

(1)

One sign, which shall not exceed four square feet in area, for temporary unlighted sign pertaining to the lease, hire for sale of building or property upon which it is located, provided the sign is immediately removed upon the lease, hire or sale of such building or property.

(C)

Height regulations. No buildings in this district shall exceed 2 1/2 stories or 35 feet in height.

(D)

Area regulations. The following regulations of area shall apply in this district:

(1)

Front yard. There shall be a front yard of not less than five feet to the front line of the building on all lots. Parking is permitted in the front yard on cement driveway.

(2)

Rear yard. There shall be a rear yard having a depth of not less than ten feet for a standard lot and five feet for an amenity lot.

(3)

Side yard. No side yard shall be required between connected units, however, such townhouse or townhouse group shall be set back from a public side street ten feet from the building line. Within a townhouse project, there shall be at least ten feet of separation or combined side yard between each townhouse building.

(4)

Minimum lot and tract area per family. Every lot or tract of land shall have an area of not less than 1,800 square feet. (See Woodshore PUD-Miscellaneous Regulations) Minimum tract area per family shall be 2,150 square feet per dwelling unit. To determine the minimum area per family, divide the total area of the townhouse project (including common area, private streets and private driveways) by the total number of lots in the project.

(5)

Lot width. Every lot or tract of land shall have an average width of not less than 22.5 feet and a minimum width of lot at building setback line of 22.5 feet.

(6)

Living area per family. Minimum living area per family shall not be less than 850 square feet of area. The term "living space" excludes any attached garage area.

(7)

Private yard. Each lot shall contain private yard area totaling not less than 250 square feet of area. Not more than 50 percent of the total provided private yard width may be occupied by a driveway. A private yard may be a patio cover or roof which does not cover more than 30 percent of the private yard.

(E)

Materials of construction. All customary materials of construction may be used so as to conform to

(F)

The Standard Building Code with the following exceptions and as permitted in the PUD-Woodshore Miscellaneous Regulations:

(1)

Corrugated tin siding;

(2)

Transite; and

(3)

Wooden shingles are not permitted.

Provided, however corrugated metal may be used if they conform to the Standard Building Code class 4 construction and if there is filed with the building official a certificate issued by a registered professional engineer licensed to practice in Texas, to which are affixed his signature and seal, certifying that the building or structure as so constructed meets the wind load requirements of the Standard Building Code for coastal regions.

(F)

Parking regulation. The minimum off-street parking requirement is two parking spaces per dwelling unit.

(1)

Two off-street parking spaces shall be provided for each townhouse. One space shall be covered and the other may be noncovered and both shall be located on the individual's townhouse lot.

(2)

No parking shall be provided in the front five feet of a townhouse lot or common area, nor in the 15 feet adjacent to a public side street.

(3)

One-way private driveways shall be at least ten feet in width, and two-way common private driveways shall be at least 20 feet in width.

(D)

Specific uses permitted. Refer to Section XIII, City of Clute Code of Ordinances.

(E)

Separation between townhouses.

(1)

Each townhouse shall be considered a separate building and shall be separated from adjoining townhouses by the use of separate exterior walls.

(2)

Such wall shall provide not less than a two-hour fire resistance rating. Plumbing, piping, ducts, electrical or other building services shall not be installed within or through the two-hour wall, unless such materials and methods of penetration have been tested in accordance with section 1001 (a) of the Standard Building Code.

(3)

Such wall shall be continuous from the foundation to the underside of the roof sheathing, and the underside of the roof shall have at least one-hour fire resistance for a width of not less than four feet on each side of such wall.

(4)

Said wall may be penetrated by roof and floor structural members provided that the fire resistance rating and the structural integrity of the wall is maintained.

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Woodshore PUD—Miscellaneous Regulations

(A)

Special PUD standards.

(B)

PUD Ordinance Deviations Permitted.

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(Ord. No. 2016-004, § 2(Exh. A), 3-10-16)