(a)

Chimneys, church steeples or spires, monuments, tanks, stage towers or scenery lofts, cooling towers, ornamental towers and spires, elevator bulkheads, stacks, conveyors, flag poles, and mechanical equipment may extend for an additional height not to exceed fifteen (15) feet above the maximum permissible height allowed for a structure within the applicable district.

(b)

Sports lighting facilities owned by or under the control of a governmental entity and utility poles and towers owned by a public utility and used for the transmission and distribution of electricity may be erected to any height in any zoning district, unless prohibited by airport height hazard zoning regulations.

(Ord. No. 420-2001, § 1, 7-24-01)

(a)

The depth of the required front and rear yards are determined by measuring along the side lot lines, beginning at the respective front and rear lot lines and extending to the required minimum distances. The depth of the required side and corner yards are determined by measuring along the front and rear yards, beginning at the respective side and corner lot lines and extending to the required minimum distances.

(b)

Except as otherwise provided in this chapter, a building must not be erected, established, altered, converted, or relocated so as to be located or extend within the required front, side, corner or rear yard.

(c)

A developed lot shall not be in violation of the yard requirements if the yard is reduced below the required minimum because of an increase in the street right-of-way.

(d)

In applying these zoning regulations, the front yard of a corner lot shall be considered as parallel to the street upon which the lot has its least dimension.

(Ord. No. 420-2001, § 1, 7-24-01)

(a)

When forty (40) percent or greater of the frontage on one side of the street in a block (between two (2) intersecting streets) is improved with buildings that have a front yard that is greater or less than the required front yard in the zoning district, no building shall project beyond the average front yard of the improved lots as determined by the zoning official.

(b)

On lots having double frontage the required front yard shall be provided on both streets.

(c)

Off-street parking facilities may be located within the required front yard of any nonresidential establishment in a nonresidential district, but shall conform to the height and area regulations and development and performance standards of the applicable district.

(d)

Every part of a required front yard must be open and unobstructed of structures from ground level of the graded lot to the sky, except as follows:

(1)

Bay windows projecting not more than three (3) feet, and not within five (5) feet of a lot line.

(2)

Chimneys projecting not more than three (3) feet, and not within five (5) feet of a lot line.

(3)

Steps four (4) feet or less above grade, which are necessary for access to a permitted building or for access to a lot from a street or public way.

(4)

Awnings and canopies attached to a principal building and projecting not more than three (3) feet, and located at least eight (8) feet above adjoining walkways and driveways.

(5)

Open entrances, stoops, and porches, when not covered, may project not more than ten (10) feet from a principal building, but not more than eighteen (18) inches above grade.

(6)

Access ramps for the disabled.

(7)

Landscaping, fountains, sculptures, lighting fixtures, flagpoles and mailboxes, which are situated and constructed in compliance with all other provisions, provided it does not obstruct the view of traffic.

(Ord. No. 420-2001, § 1, 7-24-01)

(a)

On platted lots that are fifty (50) feet or less in width, which are platted at the time of the adoption of this chapter, the minimum corner side yard setback may be reduced to not less than five (5) feet, so that the width of the lot available for construction of the principal building is at least thirty (30) feet.

(b)

No accessory building shall project beyond a required yard setback along any street.

(c)

Where dwelling units are erected above a commercial establishment no side yard is required except that required for the commercial building.

(d)

For the purpose of side yard regulations, a two-family dwelling or multiple dwelling shall be considered as one (1) building occupying one (1) lot.

(e)

Every part of a required side yard must be open and unobstructed of structures from ground level of the graded lot to the sky, except as follows:

(1)

Central air conditioning units, heat pumps and solar collecting equipment, extending not more than ten (10) feet from the principal structure.

(2)

Balconies and chimneys not projecting more than three (3) feet.

(3)

Off-street parking spaces and loading areas.

(4)

Open entrances, stoops, and porches, when not covered, may project not more than ten (10) feet from a principal building, but not more than eighteen (18) inches above grade.

(5)

Awnings and canopies attached to a principal building and projecting not more than three feet from the side of the building, and located at least eight (8) feet above adjoining walkways and driveways.

(6)

Landscaping, fountains, sculptures, lighting fixtures, flagpoles and mailboxes, which are situated and constructed in compliance with all other ordinances, provided it does not obstruct the view of traffic.

(7)

The projections of roof eaves, not to exceed thirty (30) inches, provided such projection shall be no closer than three (3) feet to any side lot line.

(Ord. No. 420-2001, § 1, 7-24-01)

(a)

If a rear yard of any premises abuts a lake or waterway or abuts upon a common area that adjoins a lake or waterway, the principal building shall not be closer than twenty-five (25) feet to the water's edge.

(b)

Swimming pools shall not be located within six (6) feet of a lot line, fifteen (15) feet from any water edge, nor within any easement.

(Ord. No. 420-2001, § 1, 7-24-01; Ord. No. 614-2007, § 2, 7-10-07)

No more than one (1) single-family detached dwelling or one (1) two-family dwelling (duplex) shall be permitted on a lot.

(Ord. No. 420-2001, § 1, 7-24-01)

A dwelling unit may only be occupied by a family and no dwelling unit shall be permanently occupied by more than one (1) family at any one (1) time. For the purposes of this section, a family is permanently occupying the dwelling unit if it continuously occupies the unit for more than thirty (30) days.

(Ord. No. 420-2001, § 1, 7-24-01)

(a)

Vegetative screening.

(1)

An eight-foot tall fence and a vegetative screen complying with the standards established in this section shall be provided and maintained by commercial properties along all rear and side property lines that are common to any residentially-zoned property.

a.

In the event that a six-foot tall fence already exists on the residentially-zoned property that abuts the commercial property, the commercial property may utilize such existing six-foot tall fence to meet the above requirements and must provide the vegetative screening required below.

b.

If a vegetative screen exists on the commercial property that provides the same visual buffer as that described below at maturity, the existing vegetation shall not be removed and may qualify as the vegetative screen required by this section.

c.

In the event that neither a fence nor any type of vegetative screen exists between a commercial property and a residentially-zoned property, both an eight-foot tall fence and a vegetative screen complying with the standards established in this section must be provided.

d.

For a new development or new residential subdivision that includes a commercial reserve area, the requirements this section shall be complied with at the time that any construction begins on any residential portion of the development.

(2)

Planting strip required. A planting strip for the vegetative screen shall consist of hedges and trees and shall be of sufficient width and density to provide an effective screen. The planting strip shall contain no structures other than the fence or other use. Such planting strip shall meet the standards set out below. Earth mounding or berms may be used, but shall not be used to achieve more than two (2) feet of the required vegetative screen.

(3)

Standards.

a.

Width of planting strip. Five (5) feet minimum.

b.

Allowed plant material. A combination of trees and shrubs from the city's approved tree and shrub list or as allowed in any overlay district that may apply.

c.

Size of plants.

1.

Shrubs shall be a minimum height of four (4) feet at time of planting and must reach a height of eight (8) feet within two (2) years.

2.

Trees shall be a minimum two-inch caliper at time of planting.

d.

Planting density. Such that within two (2) years of normal growth, a solid screen will be formed to a height of at least eight (8) feet above adjacent grade and shall consist of a double row of shrubs planted in a triangular pattern and spaced no more than thirty (30) inches apart, center-of-plant to center-of-plant. In addition to the shrubs, trees shall be placed no more than twenty (20) feet apart, unless the city approves a greater distance based on the normal spacing requirement for a particular species of tree as supported by a report from a qualified arborist.

e.

Required maintenance. The fence and vegetative screen must be maintained perpetually by the property owner and/or occupant.

(b)

Fences. No fence or freestanding fence-type wall shall be permitted in any required yard except as required with vegetative screening or as specifically authorized below:

(1)

Fences, front yard. Fences and freestanding fence-type walls may be constructed within a required front yard if not exceeding three (3) feet in height; however, a fence not exceeding six (6) feet in height above the natural grade of the lot at the lot line adjacent to such fence may be constructed within a required front yard if the fence is set back at least three (3) feet from the adjacent front lot line, and the fence is an eighty (80) percent fence.

(2)

Fences, side and rear yard not adjacent to a street. Fences and freestanding fence-type walls not exceeding eight (8) feet in height are permitted in and along the edge of any required yard other than a front yard or a side or rear yard adjacent to a street.

(3)

Fences, rear yard adjacent to a street. Fences may be constructed within a required rear yard adjacent to a street if such fence does not exceed seven (7) feet in height above the natural grade of the lot at the lot line adjacent to such fence, and the fence is an eighty (80) percent fence. Any fence constructed between the main building and an adjacent street, but not within a required yard, shall have the finished exterior side facing the adjacent street, and shall have no posts or rails visible from such adjacent street, irrespective of the distance from the fence and the adjacent lot line or street.

(4)

Fences, side yard adjacent to a street. Fences may be constructed within a required side yard adjacent to a street if such fence does not exceed six (6) feet in height above the natural grade of the lot at the lot line adjacent to such fence, and the fence does not obstruct the visibility triangle described below.

(5)

Fences, new construction. In the event of the construction of any dwelling (or remodeling in excess of at least fifty (50) percent of the value of any dwelling) subsequent to the adoption of this Section, all fences shall be replaced so as to conform to the other provisions of subsections (1)—(4) above.

(6)

Replacement of nonconforming fences. At such time as there is construction of any building or remodeling of any existing building on the lot in excess of at least fifty (50) percent of the value of said structures on the lot, all fences on the lot shall be replaced so as to conform to all the regulations and articles of the city, including the provisions of subsection (5) above.

(c)

Within the visibility triangle, the triangular area formed by the right-of-way lines of intersecting streets and a line connecting points twenty-five (25) feet on either side of such intersecting rights-of-way, including triangles formed from centerlines of driveways, there shall be clear space and no obstruction to vision. Fences, walls, plantings and signs shall be restricted to a height of thirty (30) inches or less above the average grade of each street as measured at the centerlines of the streets.

(d)

Fences obstructing access to property are subject to fire marshal approval.

(Ord. No. 420-2001, § 1, 7-24-01; Ord. No. 508-2003, § 10, 1-13-04; Ord. No. 747-2012, § 5, 9-11-12)

Editor's note— Ord. No. 747-2012, § 5, adopted September 11, 2012, changed the title of section 18-69 from "Fences; site distance requirements" to "Vegetative screening; fences; site distance requirements." The historical notation has been preserved for reference purposes.

Criteria to be used in designing and constructing single-family residences, multiple family residential, institutional, commercial and industrial buildings, including those allowed by a specific use permit within residential districts, within three hundred (300) feet of public street right-of-way or within fifty (50) feet of a property line adjacent to a residential district include:

(1)

A minimum of seventy-five (75) percent of the exterior wall area of the side of the building facing a public street right-of-way or property line within or adjacent to a residential district shall be constructed of decorative materials, which include, but are not limited to, clay brick, tinted concrete block (up to four (4) inches in height), textured concrete block (split face, fluted, etc.), stucco, glass, wood, tinted or textured pre-cast concrete panels (four (4) feet × eight (8) feet), rock, exposed aggregate panels, "Dry-vit," or comparable or similar type materials.

(2)

Decorative materials shall be used on all separate identifiable portions of the exterior wall of the side of the building facing a public street right-of-way or property line within or adjacent to a residential district in order to preclude portions of the wall from being constructed solely with metal panels from roof to ground.

(3)

Decorative materials, canopies, fascia, patio walls, varied roof pitches, various materials, texture, or other architectural design elements used on the exterior wall of the side of the building facing a public street right-of-way shall be continued or "wrapped" around the ends of the building a minimum of twenty (20) percent of the surface area of the ends of the building.

(4)

Additional landscaping shall be placed along the side or end of a building, more than seventy-five (75) feet in length, that is perpendicular to a public street right-of-way. The landscaping shall be planted in such a manner as to "break up" a long expanse of a side or end wall.

(5)

The exterior wall in the rear of buildings, if not visible from a public street right-of-way or within or adjacent to residential areas, may be constructed entirely with decorative, non-decorative, or metal panels.

These provisions apply to all new development and building enlargements, alterations, or extensions that are greater than fifty (50) percent of the gross floor area.

(Ord. No. 420-2001, § 1, 7-24-01; Ord. No. 557-2005, § 4, 8-9-05)

All uses and activities permitted within the city shall conform to the following performance measures and standards:

(1)

Noise. All uses and activities permitted shall conform to the city's noise regulations, as provided in the Code of Ordinances.

(2)

Vibration. No use shall be permitted which produces ground vibrations noticeable without instruments at the lot line of the premise on which the use is located.

(3)

Smoke emissions. All uses shall comply with state and county regulations pertaining to the emission of smoke.

(4)

Odors. No use shall be permitted to produce the emission of objectionable or offensive odors in such concentration as to be readily perceptible at any point at or beyond the lot line of the property on which the use is located. Table III, Chapter 5, "Air Pollution Abatement Manual," of the Manufacturing Chemist's Association, Inc., whichever is more stringent, is hereby adopted as the guide in determining the quantities of offensive odors as are the guides and standards contained in the prohibitions against air pollution of the state air control board.

(5)

Toxic or noxious matter. No use shall for any period of time, discharge across boundaries of a lot line on which it is located, toxic or noxious matter in such concentrations as to be detrimental to or endanger the public health, safety, comfort, or welfare, or cause injury or damage to persons, property, or the use of property or land, or render unclean the waters of the state to the extent of being harmful or inimical to public health, animal or aquatic life, or the use of such waters for domestic water supply, recreation, or other legitimate and necessary uses. Disposal of toxic or hazardous waste within the city is specifically prohibited.

(6)

Nuclear radiation. Any operation involving radiation, i.e. the use of gamma rays, x-rays, alpha and beta particles, high speed electrons, neutrons, protons, and other atomic or nuclear particles, shall be permitted only in accordance with state and federal laws, rules, and regulations, or any other applicable regulation.

(7)

Electromagnetic radiation and interference:

Radiation. No person shall operate or cause to be operated for any purpose a planned or unplanned source of electromagnetic radiation, which does not comply with the current regulations for the Federal Communications Commission (FCC) regarding such sources of electromagnetic radiation.

Interference. No use, activity, or process shall be conducted which produces electromagnetic interference with normal radio or television reception.

Heat or glare. Any activity producing heat or glare shall be carried on in such a manner that such heat or glare is not perceptible at any lot line. Exposed sources of light, including bare bulbs and tubes and immediately adjacent reflecting surfaces, shall be shielded to avoid creating a nuisance across lot lines. The light intensity from illumination of any kind shall not exceed fifty-foot lamberts at any point along the line of the lot containing the light source.

(Ord. No. 420-2001, § 1, 7-24-01)

(a)

From and after the effective date of this chapter, it shall be unlawful, except as specifically provided in the section, for any person or utility to erect or construct poles, overhead wires and associated overhead structures to supply electric, communication or other similar or associated services to any area, platted or unplatted, within the corporate limits of the city.

(b)

The subdivider, developer or owner of any area shall make the necessary arrangements for the installation of underground facilities, including circuits for street lights and traffic signals that may be required by the city. Such arrangements shall be made with each of the companies or persons supplying the electrical and communications service therein, in accordance with the established charges of the company or person. Letters from each of the companies or persons, indicating that arrangements have been made, shall be submitted to the city at the time a site development plan is submitted.

(c)

Exceptions. The provisions of this section shall not apply to any of the following uses:

(1)

All electric power lines rated at or above "feeder" line class. For purposes of this section, "feeder" line is defined as that portion of an electrical circuit which provides power from a power substation, and which has a rated capacity of three thousand (3,000) KVA or more.

(2)

The construction of poles, overhead wires and associated overhead structures, when part of a continuous line, to extend services to individual properties from an existing overhead line.

(3)

Nothing in this section shall prevent the replacement of poles, overhead wires and associated overhead structures on existing lines when necessary for the purpose of maintaining the line or upgrading the capacity thereof.

(4)

Radio and television antennas.

(5)

Structures on corner lots, in streets and alleys, and on easements, in cases where electrical and communication wires cross a street or other district boundary from an area where overhead wires are not prohibited, may be connected to the overhead wires, and hereby are excepted from the provisions of this section.

(6)

Existing overhead lines attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building, or to an adjacent building without crossing a property line.

(7)

Poles used exclusively for street or area lighting or for traffic control facilities.

(8)

Service terminals, transformers, regulators, meters, or other on-an-above-ground facilities normally used with a as part of an underground distribution system.

(9)

Electric substations and the accompanying equipment and apparatus necessary to provide adequate electric service.

(10)

Poles, overhead wires and associated overhead structures erected by the City, Galveston County Water Control Improvement District No. 1, or Dickinson Independent School District (DISD).

(Ord. No. 420-2001, § 1, 7-24-01)