Eagle Lake, TX Zoning Ordinance

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

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

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

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

Nonconforming use, building or yard

Is not a residential use.

Alley

means a public or private thoroughfare that affords only a secondary means of access to abutting property.

Amortization

means the paying off of a debt with a fixed repayment schedule in regular installments over a period of time.

Apartment

means a room or suite of rooms in a multiple dwelling, or in a building in which more than one living unit is established above or on the same floor as nonresidential uses, which room or suite is intended, or designed for use as a residence by one family and which includes culinary accommodations.

Apartment house

means a building or portion used or designed as a residence for three or more families living independently of each other and doing their own cooking in the building, including apartments and apartment hotels.

Bed and breakfast

means an owner-occupied private home which offers lodging for paying guests, and which serves breakfast to these guests and which contains one or more guest rooms.

Block face

means a side of a block facing upon a street, within which lots face the abutting street.

Board

means the board of adjustment.

Boardinghouse

means a building, other than a hotel, where for compensation and by prearrangement for definite periods, meals or lodging and meals are provided for three or more persons but not exceeding twenty (20) persons.

Build

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

Buildable width

means the width of the building site left to be built upon after the required side yards are provided.

Building

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

Building height

means the vertical distance from the grade (elevation of the curb, sidewalk or average elevation of the ground around the structure) to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.

Building line

means a line parallel or approximately parallel to the street line and beyond which buildings may not be erected.

Building lot

means a tract of land that, at the time of filing for a building permit, is intended by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control, and that fronts upon a dedicated street or recorded easement.

Carport

means an unenclosed structure, consisting of a roof of metal or wood construction supported by poles, beams or posts of either wood or metal with the sides and ends open and unobstructed and used for the purpose of protecting a motor vehicle from the effects of the weather.

Curb line

means the back or yard side of the curb. If no curb exists then the center of the drainage ditch between the roadway and the property shall be considered the curb line.

District

means a zoning district that is a part of the city wherein the regulations of this chapter are uniform.

Dust-free hard surface

means a solid surface designed for the parking and maneuvering of vehicles, typically constructed of concrete, asphalt, or similar solid material. Asphalt millings are not considered a dust-free hard surface.

Dwelling

means any building or portion that is designed for or used for residential purposes.

Dwelling, multifamily

means a building designed for or occupied exclusively by three or more families.

Dwelling, single-family

means a building designed for or occupied exclusively by one family.

Dwelling, two-family

means a building designed for or occupied exclusively by two families.

Dwelling unit

means one or more rooms, which are arranged, designed, used or intended to be used for occupancy by a single family or a group of persons living together as a family or by a single person. Bathrooms and kitchen facilities, permanently installed, are required in each dwelling unit.

Family

means an individual or two or more persons related by blood, marriage or adoption, or a group of not more than 2 unrelated persons living together as a single housekeeping unit in a dwelling unit.

Frontage, block

means all the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street.

Home occupation

means a business that that is operated in a residential dwelling unit by a person(s) who resides in the dwelling unit, but occupies less than 20% of the floor space of the dwelling unit, and is an accessory use to the main use of the structure as a residential dwelling unit.

Hotel

means a building in which lodging or boarding and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to a boardinghouse, a lodging house or an apartment.

Loading space

means a space within the main building or on the same lot with the main building, providing for the standing, loading or unloading of trucks, and having a minimum dimension of twelve (12) by thirty-five (35) feet and a vertical clearance of at least fourteen (14) feet.

Lot

means a parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one main building together with its accessory buildings, the open spaces and parking spaces required by this chapter, and having its principal frontage upon a street or recorded easement.

Lot area

means the area of a horizontal plane intercepted by the vertical projections of the front, side and rear lot lines of a building lot.

Lot, corner

means a building lot situated at the intersection of two streets, the interior angle of such intersection not to exceed one hundred thirty-five (135) degrees.

Lot depth

means the mean horizontal distance between the front lot line and the rear lot line of a building lot measured within the lot boundary.

Lot, interior

means a building lot other than a corner lot.

Lot line, front

means that boundary of a building lot that is parallel to the line of an existing or dedicated street. Upon corner lots, either street line may be selected as the front lot line provided front and rear and which side constitutes the physical address [sic] yards are established adjacent and opposite, respectively, to the front lot line.

Lot line, rear

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

Lot line, side

means any boundary of a building lot that is not a front lot line or a rear lot line.

Lot of record

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

Lot, through

means a building lot where both the front and rear lot lines adjoin street lines. On a through lot, both street lines shall be deemed front lot lines.

Manufactured home

means a HUD-code manufactured home, built after 1976 and registered by the State of Texas.

Manufactured home park

means any tract or plot of land upon which two or more manufactured homes are located, regardless of whether or not a charge is made for accommodation.

Nonconforming use

means any use within a district that is not specifically permitted by the use regulations of the district in which it is located.

means a use, building or yard, existing legally on the effective date of this chapter, which does not, by reason of design or use, conform with the regulations of the district in which it is situated.

Nuisance

means any cause or source of annoyance or harm to person or property in a particular locality that constitutes an invasion or disturbance of another’s rights.

Open storage

means the storage of any equipment, machinery, commodities, raw or semi-finished materials and building materials that is visible from any point on the building lot line when viewed from ground level to six feet above ground level.

Parking space, off-street

means an area of not less than one hundred eighty (180) square feet measuring approximately nine (9) feet by twenty (20) feet not on a public street or alley, surfaced with an all-weather surface, enclosed or unenclosed. A public street shall not be classified as off-street parking in computing the parking requirements for any use, nor shall head-in parking adjacent to a public street and dependent upon such street for maneuvering space.

Recreational vehicle

shall mean a motorized vehicle that is built on a single chassis and designed primarily as temporary living quarters for recreational, camping, travel or seasonal use and is designed to travel under its own power without the need for any additional outside source to push, pull or tow the recreational vehicle. The recreational vehicle is designed to have fixed wheels and axles connected to the frame of the recreational vehicle. For the purpose of definitions, only, the term “recreational vehicle” shall include travel trailer.

Recreational vehicle park

means an area designed, arranged or used for the parking or storing of two or more recreational vehicles which are occupied or intended for occupancy as temporary living quarters by individuals or families, regardless of whether or not a charge is made for accommodation.

Retail

means the sale of goods and services to the public for use or consumption.

Specialty food and drink

means foods that are typically considered as unique and high-valued food and drink items made in small quantities from high-quality ingredients.

Story

means that portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it.

Story, half

means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and not more than 60 percent of the floor area is finished off for use in conjunction with and by the occupants of the floor immediately below.

Street

means a public or private thoroughfare that affords the principal means of access to abutting property.

Street line

means a dividing line between a lot, tract or parcel of land and a contiguous street.

Structural alteration

means any change in the supporting members of a structure, such as bearing walls, columns, beams or girders.

Structure

means anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground, including but not limited to buildings of all types, advertising signs, billboards, and poster panels, but exclusive of customary fences or boundary or retaining walls.

Tasting room

means a part of a winery or brewery located on the premises of the production facility at which guests may sample the production products, which is appropriately licensed through the Texas Alcoholic Beverage Commission.

Travel trailer.

See “Recreational vehicle.”

Use

means the purpose or activity for which the land, or buildings on the land, is designed, arranged or intended or for which it is occupied or maintained.

Yard

means an open space on the same building lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. A yard extends along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations of the zoning district in which such building is located.

Yard, required front,

means a yard extending along the front lot line between the side lot lines, the depth of which is measured from the front lot line and the dimension of which is in accordance with the front yard requirement for the district in which it is located.

Yard, required rear,

means a yard extending along the rear lot line between the side lot lines, the depth of which is measured from the rear lot line and the dimension of which is in accordance with the rear yard requirements for the district in which it is located.

Yard, required side,

means a yard extending along the side lot line between the front and rear yards, the width of which is measured from the side lot line and the dimension of which is in accordance with the side yard requirements for the district in which it is located.

Zoning map

means the map or maps incorporated by reference into this chapter as a part of this chapter.

Zoning official

means the official of the city appointed by the city administrator as such, and whose duties include the administration and enforcement of these zoning regulations.

(Ordinance 2016-002 adopted 4/26/16; Ordinance 2023-05 adopted 9/12/2023)

§ 14.01.003 Interpretation and conflict.

This chapter establishes the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity or general welfare. It is not intended to interfere with or abrogate or annul any easement, covenant or other agreement; however, where this chapter imposes a greater restriction upon the use of buildings or premises or upon height of buildings or requires larger open spaces than are imposed or required by another ordinance, rule, regulation or by easement, covenant or agreement, the provisions of this chapter shall control.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.004 Preservation of existing rights.

This chapter does not legalize any current illegal use, unless the use is a conforming use for that district. A use that was permitted by right or was a nonconforming use under previous regulations, or was established lawfully prior to the adoption of this chapter is deemed a nonconforming use. A use that was not lawfully established is an illegal use.

This chapter does not discharge or otherwise affect the prosecution of any prior offense, or the imposition of any liability, penalty or forfeiture, either civil or criminal. Prosecutions and suits for any offenses, liabilities, penalties or forfeitures may be instituted or causes presently pending may proceed as if this chapter had not been passed.

This chapter is not intended to abrogate or annul any permit issued by the city before the effective date of this chapter. Nothing in this chapter nor in any amendments to this chapter which change district boundaries shall require any change in the plans, construction or designated use of a building that is completed in its entirety within two years from May 5, 2016 (the effective date of this chapter), provided such building was authorized by a permit issued by the city prior to May 5, 2016 (the effective date).

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.005 Compliance with regulations.

Except as otherwise specifically provided:

No land shall be used for a purpose except as permitted in the district in which it is located.

No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building be used, except for a use permitted in the district in which such building is located.

No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which such building is located.

No building shall be erected or structurally altered to the extent specifically provided in this chapter except in conformity with the off-street parking and loading regulations of the district in which such building is located.

The minimum yards, parking spaces, and open spaces, including lot area per family, required by this chapter for each and every building existing on the effective date of this chapter, or for any building erected after that date, shall not be encroached upon or considered as part of the yard or parking space or open space required for any other building, nor shall any lot area be reduced below the requirements of this chapter for the district in which such lot is located.

Every building erected or structurally altered after the effective date of this chapter, shall be located on an individual platted lot; and, except as otherwise provided, there shall not be more than one main building on one lot.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.006 Interpretation of district boundaries.

Where uncertainty exists with respect to the boundaries of any districts as shown on the zoning map, the following rules shall apply:

District boundaries approximately following the centerlines of streets or highways, street lines or highway right-of-way lines, shall be construed to be such boundaries.

District boundaries approximately following lot lines shall be construed to be such boundaries.

District boundaries approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways shall be construed as being parallel thereto and at such distance as indicated on the zoning map. If no specific distance is given, the dimension shall be determined by the use of the scale on the zoning map.

For unsubdivided property, the district boundary lines on the zoning map shall be determined by use of the scale appearing on the map.

In the case of a district boundary line dividing a property into two parts, the district boundary line shall be construed to be the property line nearest the district line as shown.

Whenever any street, alley or other public way is vacated by official action of the city council, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation; and all areas included in the vacation shall then be subject to all regulations of the extended districts.

Where the streets or alleys on the ground differ from the streets or alleys as shown on the zoning map, the streets or alleys on the ground shall control.

The zoning official shall make interpretations as necessary under this section, subject to appeal to the board of adjustment.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.007 Establishment of districts and boundaries; official zoning map.

For the purposes of this chapter, the city is divided into six districts as follows:

District R-1, single-family residential district.

District R-2, single-family, two-family, and multifamily residential district.

District B-1, central business district

District B-2, business or commercial district (includes hotels and motels).

District P, public building or public use district.

District I, industrial district.

The official zoning map of the city shall be kept in the office of the city secretary, and one copy shall be maintained by the zoning official.

The location and boundaries of these districts are shown on the official zoning map, which is incorporated into this chapter. The official zoning map, together with all notations, references and other information shown on and all amendments to the map, shall be a part of this chapter as if fully set forth and described in this section.

It shall be the duty of the city secretary to keep the official map and the copies current by entering on both maps any changes reflecting amendments to this chapter and the map.

The city secretary shall affix a certificate identifying the map in his or her office as the official zoning map of the city. He or she shall likewise officially identify the copies directed to be kept by the planning and zoning commission and in the office of the zoning official.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.008 Permitted uses and new or unlisted uses.

This chapter lists uses permitted by right in each zoning district. If a use is not listed as being permitted it is prohibited. This chapter further lists uses that may be allowed by special use overlay, subject to council approval.

If an application is received for a use that is not specifically listed by right or subject to a special use overlay, the city manager shall forward the request to the planning and zoning commission, who shall consider and make recommendations on it to council, who will make a final determination as to whether this chapter should be amended to include that use, a definition changed to include that use, or any other amendments as council determines are appropriate.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.009 District R-1, single-family residential district.

R-1 district description.

The R-1 district is primarily intended for single-family detached dwellings and related religious, educational and recreational facilities that provide the basic elements of a balanced and attractive neighborhood. These areas are intended to be separated and protected from the encroachment of land use activities which do not perform a function necessary to sustain the residential environment, internal stability, attractiveness, order, efficiency and security. The maintenance of property values is encouraged through the provision of adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of various land use elements.

R-1 district use regulations.

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

One-family dwellings.

Churches and other places of worship.

Real estate sales offices during the development of residential subdivisions not to exceed two (2) years. Display residential houses with sales offices, provided that if such display houses are not moved within a period of one year, specific permission must be obtained from the city council for such display houses to remain on their locations.

Accessory buildings and uses, customarily incident to the above uses and located on the same lot, not involving the conduct of a business with such accessory building and use being as defined in this chapter.

Home occupations in the R-1 district shall be subject to the following standards, or, if the standards cannot be met, the grant of a special use overlay may be requested:

The residential dwelling unit shall not be modified in appearance;

No more than one (1) person who does not reside in the residence may be employed by the business;

The use is limited to office or service businesses, and may not involve vehicle service or repair, a bed and breakfast, or any type of child care facility;

The business shall be operated in accordance with all applicable laws and permitting requirements;

The business shall be owned and operated by a person who resides in the dwelling unit;

The business activity shall not occupy more than 20 percent of the gross floor area of the principal residential building;

All business operations and storage shall be contained within the residential building;

No display of merchandise shall be visible from the exterior; and

The home occupation shall not create or cause any perceptible noise, odor, smoke, electrical interference, or vibrations that constitute a public nuisance.

Group homes subject to Texas Human Resources Code, section 123.001 et seq., are permitted provided they conform to all standards of this section, state law, and the exterior of the home is compatible with surrounding residential structures.

R-1 district area regulations.

Size of yards.

Front yard.

In the R-1 district, there shall be a front yard having a depth of not less than twenty (20) feet. Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets.

Side yard.

There shall be a side yard on each side of the lot having a width of not less than five (5) feet. A two-family dwelling shall have a side yard on each side of the lot of not less than ten feet. A side yard adjacent to a side street shall not be less than twenty (20) feet.

Rear yard.

There shall be a rear yard having a depth of not less than ten (10) feet.

Size of lot.

Lot area.

No building to be used as a one-family dwelling shall be constructed on any lot of less than 5,000 square feet.

Lot width.

The width of a lot for a single-family dwelling shall not be less than fifty (50) feet.

Lot depth.

The average depth of the lot shall not be less than one hundred (100) feet, except that a corner lot for use of a one-family dwelling having a minimum width of not less than eighty (80) feet may have an average depth of less than one hundred (100) feet provided that the minimum depth is no less than eighty-eight (88) feet.

Where a lot having less area, width and/or depth than is required in this subsection was created legally existed and existed in separate ownership on the effective date of this chapter the regulations in this subsection shall not prohibit the erection of a one-family dwelling on the lot, upon granting of a variance/special exception from the board of adjustment.

Parking regulations.

Off-street parking spaces shall be provided on dust-free, hard surfaces, in such numbers as necessary to accommodate regular traffic, including disabled parking spaces:

Single-family dwelling units shall have a minimum of two off-street parking spaces.

Real estate sales offices, three (3) parking spaces plus one (1) additional parking space for each four hundred square feet of floor area over one thousand square feet.

Group homes, one space for each bedroom, plus one additional parking space for each employee.

Disabled parking spaces shall be provided as required by the Texas Accessibility Standards, and shall be in addition to the required parking outlined above.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.010 District R-2, single-family, two-family, and multifamily residential district.

R-2 district description.

The R-2 district is primarily intended for single-family, two-family, and multifamily dwellings and related religious, educational and recreational facilities that provide the basic elements of a balanced and attractive neighborhood. These areas are intended to be separated and protected from the encroachment of land use activities that do not perform a function necessary to sustain the residential environment and its internal stability, attractiveness, order, efficiency and security. The maintenance of property values is encouraged through the provision of adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of various land use elements.

R-2 district use regulations.

A building or premises in the R-2 district shall be used only for the following purposes:

One-family dwellings.

Two-family dwellings.

Apartment, townhouse or condominium dwellings and/or rental offices or accessory buildings used in conjunction with such dwellings.

Manufactured homes and manufactured home parks, provided they comply with the requirements of the manufactured home ordinance.

Churches and other places of worship.

Real estate sales offices during the development of residential subdivisions not to exceed two years. Display residential houses with sales offices, provided that if such display houses are not moved within a period of one year, specific permission must be obtained from the city council for such display houses to remain on their locations.

Home occupations in the R-2 district shall be subject to the following standards, or, if the standards cannot be met, a special use overlay may be granted:

The residential dwelling unit shall not be modified in appearance;

No more than one (1) person who does not reside in the residence may be employed by the business;

The use is limited to office or service businesses, and may not involve vehicle service or repair, a bed and breakfast, or any type of child care facility;

The business shall be operated in accordance with all applicable laws and permitting requirements;

The business shall be owned and operated by a person who resides in the dwelling unit;

The business activity shall not occupy more than 20 percent of the gross floor area of the principal residential building;

All business operations and storage shall be contained within the residential building;

No display of merchandise shall be visible from the exterior; and

The home occupation shall not create or cause any perceptible noise, odor, smoke, electrical interference, or vibrations that constitute a public or private nuisance.

Senior citizen independent living facilities, assisted living facilities, nursing homes and group homes, licensed in accordance with state law.

R-2 district area regulations.

Size of yards.

Front yard.

In the R-2 district, there shall be a front yard having a depth of not less than twenty (20) feet. Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets.

Side yard.

Single-family homes and duplexes shall have a side yard on each side of the lot having a width of not less than five (5) feet. A multifamily dwelling, apartment house, townhouse grouping, condominium structure, or a manufactured home park shall have a side yard on each side of the lot of not less than ten (10) feet. A side yard adjacent to a side street shall not be less than twenty (20) feet.

Rear yard.

There shall be a rear yard having a depth of not less than ten (10) square feet.

Size of lot.

Where a lot having less area, width and/or depth than is required in this subsection existed on the effective date of this chapter the regulations in this subsection shall not prohibit the erection of a one-family dwelling on the lot nor shall this chapter prohibit the erection of a two-family dwelling on a lot existing in separate ownership on the effective date of this chapter;

A two-family dwelling, multifamily dwelling, apartment house, townhouse, or condominium structure shall not be erected on a lot less than eight thousand (8,000) square feet.

New subdivisions and residential lots created after the effective date of this chapter shall abide by the following lot dimension standards:

Lot area.

No building to be used as a one-family dwelling shall be constructed on any lot of less than five thousand (5,000) square feet. No two-family or multifamily dwelling, apartment house, townhouse, or condominium structure shall be constructed on any lot of less than eight thousand (8,000) square feet.

(ii)

Lot width.

The width of a lot for a single-family dwelling shall not be less than fifty (50) feet, and the width of a lot for a two-family dwelling, multifamily dwelling, apartment house, townhouse, or condominium structure shall not be less than eighty (80) feet at the front street building line, nor shall the average width of a lot for a single-family dwelling be less than sixty (60) feet.

(iii)

Lot depth.

The depth of the lot shall not be less than one hundred (100) feet, except that a corner lot for use of a one-family dwelling having a minimum width of not less than eighty (80) feet may have an average depth of less than one hundred (100) feet provided that the minimum depth is no less than eighty-eight (88) feet. A corner lot to be used for the erection of a two-family dwelling shall have a minimum width of not less than eighty (80) feet.

R-2 district parking regulations.

Off-street parking spaces shall be provided on dust-free, hard surfaces, in such numbers as necessary to accommodate regular traffic, including disabled parking spaces:

Single-family dwelling units shall have a minimum or two off-street parking spaces.

Real estate sales offices, three (3) parking spaces plus one (1) additional parking space for each four hundred square feet of floor area over one thousand square feet.

Group homes, one space for each bedroom, plus one additional parking space for each employee.

Disabled parking spaces shall be provided as required by the Texas Accessibility Standards, and shall be in addition to the required parking outlined above.

Parking for multifamily dwellings, apartment houses, townhouses, or condominiums shall be provided as follows:

One (1) space for each one-bedroom apartment, townhouse or condominium; two (2) spaces for each unit with two bedrooms, two and one-half (2-1/2) spaces for each three-bedroom apartment, plus an additional two (2) parking spaces for every three (3) units, or fraction thereof.

The front yard may be used for off-street parking, provided such parking otherwise complies with the provisions of this section and as may otherwise be embodied in this code applicable to such parking; irrespective of existing requirements, no front yard parking shall be allowed within fifteen (15) feet of the intersection of public streets as measured from the property line.

The parking areas shall be landscaped and permanently maintained by the landowner or management of the complex, in addition to required on-site landscaping.

Any lighting of drives or parking areas shall be designed to not cause any glare on any other residential property.

Additional standards for multifamily dwellings, apartment house, townhouse, condominium development, or senior living facility.

Open space.

A minimum of ten percent of the total gross lot area shall be reserved and maintained as open landscaped space for recreational use by the owners or tenants. This shall not include common areas such as walkways, yards fronting upon streets, side yards, swimming pool areas, or parking lots. In the case of multifamily dwellings, each unit shall satisfy the open space requirement.

Privacy screen.

Whenever a multifamily, apartment, townhouse or condominium dwelling abuts upon a residential or other multifamily, apartment, townhouse or condominium district there shall be erected along the property lines, except along city streets, a privacy fence at least six feet in height constructed of masonry or wood materials

Signs.

Signs shall be of a monument style, no higher than four feet from grade, and may be indirectly illuminated or non-illuminated. They may indicate the name and address of the multifamily, apartment, townhouse or condominium dwellings, availability and rental or purchase information. Non-illuminated signs, not to exceed four square feet in area, or 30 inches above ground level, are permitted internally for traffic control.

Visibility.

No sign shall impair the visibility of intersections as follows: Any sign which obstructs vision at any point between a height of two and one-half (2-1/2) feet and a height of ten (10) feet above the upper face of the nearest curb (or street centerline if no curb exists) and within the triangular area bounded on two sides by the two street lines, or by projection of such lines to their point of intersection, and on the third side by a straight line connecting points on such street lines (or their projections) each of which is twenty-five (25) feet distant from the point of intersection of the street lines. Consider adding a graphic here. [sic]

Number of signs.

For each use of a lot under this section, there shall be no more than one (1) sign of each of the types described in this section facing each street adjacent to such use, plus one (1) such sign for each public entrance to such use in excess of one (1) public entrance on each street.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.011 District B-1, central business district.

District B-1 description.

The B-1 business or commercial district is to provide a category to meet the special needs and interests of the historically central commercial area of the community. A variety of commercial uses are permitted although all permitted activities must be conducted within a building or structure.

District B-1 use regulations.

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

Automobile parking lots, not including commercial vehicle parking.

Banks.

Boardinghouses, lodging houses, and bed and breakfasts.

Hotels and motels.

Institutions of an educational, charitable or philanthropic nature, but not a penal or mental institution or churches.

Laundries, self-service.

Mixed use developments with commercial or office units and living units, in existing buildings in the downtown area.

Personal service uses, including barbershops, beauty parlors, florists, photographic or artist studios, bakeries, messengers, taxicabs, newspaper or telegraphic service stations, dry cleaning and pressing, dressmaking, tailoring, shoe repairing, repair of household appliances and bicycles, catering, health fitness centers, woodworking shops, and other personal service uses of similar character.

Professional offices[.]

Public utilities substations.

Radio or television broadcasting station or studio.

Rental event venues.

Restaurants, cafes, specialty food and drink stores, tasting rooms, bars and taverns.

Retail stores.

Taxidermy.

Theater.

Accessory buildings and uses customarily incident to any of the uses permitted in this section provided that such use is not objectionable because of odor, dust, noise, vibration or similar nuisance.

District B-1 area regulations.

Size of yards.

Must be compatible with adjoining buildings.

Size of lot.

No limitations.

Lot coverage.

No limitations.

Build-to lines.

In keeping with the character of the B-1 zoning district, new or reconstructed buildings are required to construct to the front property line adjoining the public right-of-way.

District B-1 parking and loading regulations.

There are no parking requirements within the B-1 zoning district. Off-street parking spaces shall be provided on dust-free, hard surfaces, in such numbers as necessary to accommodate regular traffic, including disabled parking spaces.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.012 District B-2, business or commercial district.

District B-2 description.

The B-2 business or commercial district is designed to accommodate offices and retail activities associated with the major arterial highways and thoroughfare intersections located in the city. The front yard setback, site access and site design requirements associated with this district are intended to reduce the impact of the heavy vehicular traffic so often present in this district. Screening and buffering standards are incorporated to reduce the negative impact of this district’s land uses on abutting residential neighborhoods.

District B-2 use regulations.

A building or premises in district B-2 shall be used only for the following purposes:

Accessory buildings and uses customarily incident to any of the uses permitted in this section provided that such use is not objectionable because of odor, dust, noise, vibration or similar nuisance.

Automobile parking lots, not including commercial vehicle and recreational vehicle parking.

Automobile, commercial vehicle or recreational vehicle, or trailer display and sales, repair garages, tire and seat cover shops.

Banks.

Bowling alleys, drive-in restaurants, other similar places of entertainment or amusement, provided such use is located not less than 100 feet from any R district.

Boardinghouses, lodging houses, and bed and breakfasts.

Carwash for automobiles only.

Carpentry, painting, plumbing shop.

Churches and other places of worship.

Creamery, ice cream manufacturing and dairy operations.

Facilities for the processing and meat products of animals not for retail sale, excluding slaughter.

Farm equipment display, sales room and service yard.

Gasoline service stations, provided that the activities permitted do not include the storage or dismantling of old or wrecked motor vehicles, the sale of used automobile parts, or the sale of new or used motor vehicles.

Hospitals, clinics and sanitariums.

Hotels and motels.

Institutions of a religious, educational, charitable or philanthropic nature, but not a penal or mental institution.

Laundries, self-service.

Lumber yard and related storage materials.

Mixed use developments with commercial or office units and living units.

Mortuaries.

Personal service uses, including barbershops, beauty parlors, florists, photographic or artist studios, bakeries, messengers, taxicabs, newspaper or telegraphic service stations, dry cleaning and pressing, dressmaking, tailoring, shoe repairing, repair of household appliances and bicycles, catering, and other personal service uses of similar character.

Printing, engraving and newspaper plants.

Professional offices.

Public utilities substations.

Radio or television broadcasting station or studio.

Restaurants, cafes, specialty food and drink stores, tasting rooms, bars and taverns.

Retail stores.

Storage buildings.

Taxidermy.

Theater.

Upholstering shop.

Veterinarian or animal hospital provided that no such building, kennel or exercise runway shall be closer than fifty (50) feet to any R district.

Welding shop.

District B-2 area regulations.

Size of yards.

Size of yards in district B-2 shall be:

Front yard.

Where all frontage on both sides of the street between two intersecting streets is located in B-2 district, a ten (10) foot front yard is required. Where the frontage on one side of the street between two intersecting streets is located partly in district B-2 and partly in an R district, the front yard shall conform to the R district regulations for a distance of not less than three hundred (300) feet from the district boundary. Where a front yard is required along the frontage on one side of a street, the front yard requirements of the property directly opposite on the other side of the street shall be not less than twenty (20) feet, except that such yard requirement shall not apply where the property in any R district backs up to the street.

Side yards.

A five (5) foot side yard is required, except that a side yard of not less than ten (10) feet in width shall be provided on the side of the lot adjoining an R district.

Rear yards.

A five (5) foot rear yard is required, except that a rear yard of not less than ten (10) feet in width shall be provided upon that portion of a lot abutting or across a rear street from an R district, except that such yard requirement shall not apply where the property in the R district also backs up to the rear street.

District B-2 parking and loading regulations.

Off-street parking spaces shall be provided on dust-free, hard surfaces, in such numbers as necessary to accommodate regular traffic, including disabled parking spaces:

Bowling alley, four (4) parking spaces for each alley.

Business or professional office, studio, bank, medical, dental clinic, three (3) parking spaces plus one (1) additional parking space for each four hundred (400) square feet of floor area over one thousand (1,000).

Community center, library, museum or art gallery, five (5) parking spaces plus one additional space for each 800 square feet of floor area in excess of two thousand (2,000) square feet. If an auditorium is included as a part of the building, its floor area shall be deducted from the total and additional parking provided on the basis of one space for each four seats it contains.

Dance hall, assembly or exhibition hall without fixed seats, one (1) parking space for each two hundred (200) square feet of floor area used therefor.

Furniture or appliance store, hardware store, wholesale establishments, machinery or equipment sales and service, clothing or shoe repair or service shop, two (2) parking spaces plus one (1) additional parking space for each six hundred (600) square feet of floor area over one thousand (1,000).

Hospital, four (4) parking spaces plus one (1) additional parking space for each (8) eight beds.

Hotel, one (1) parking space for each sleeping room or suite plus one (1) space for each four hundred (400) square feet of commercial floor area.

Mortuary or funeral home, one (1) parking space for each fifty (50) square feet of floor space in parlors or individual funeral service rooms.

Motor vehicle sales rooms and used car lots, one (1) parking space for each eight hundred (800) square feet of sales floor or lot area.

Private club, lodge, country club or golf club, one (1) parking space for each three hundred (300) square feet of floor area or for every ten (10) members, whichever is greater.

Retail store or personal service establishment, except as otherwise specified in this section, one (1) parking space for each four hundred (400) square feet of floor area.

Restaurant, nightclub, cafe or similar recreation or amusement establishment, one (1) parking space for each two hundred (200) square feet of floor area.

Rooming house or boardinghouse, one (1) parking space for each sleeping room.

Sanitarium, convalescent home, home for the aged or similar institution, one (1) parking space for each six (6) beds.

School, elementary, one (1) parking space for two (2) classrooms, whichever is greater.

School, secondary and college, one (1) parking space for each sixteen (16) seats in the main auditorium or two (2) spaces for each classroom, whichever is greater.

Theater, auditorium (except school), sports arena, stadium, or gymnasium, one (1) parking space for each four (4) seats or bench seating spaces.

Tourist home, cabin or motel, one (1) parking space for each sleeping room or suite.

Accessible parking shall be provided in accordance with the standards of the Architectural Barriers [Act and the] Texas Accessibility Standards.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.013 District P, public building or public use district.

District P description.

The public building or public use district is designed to accommodate governmental facilities, community buildings and other facilities owned and/or operated by governmental or other public entities.

District P use regulations.

The following uses are permitted in the P district:

Country clubs or golf courses, but not including miniature golf courses, driving ranges or similar forms of commercial amusement.

Parks, playgrounds, community buildings and other public recreational facilities, owned and/or operated by the city or other public agency.

Public buildings and grounds, including but not restricted to churches and other places of worship, libraries, museums, police and fire stations.

School, public elementary, junior high or high school.

Schools, private, with curriculum equivalent to that of a public elementary, junior high or high school.

Water supply reservoirs, pumping plants or towers.

Public airports and related accessory uses including retail sales, and private hangar rental and sales.

District P area regulations.

Size of yards.

Front yard.

Where all the frontage on both sides of the street between two (2) intersecting streets is located in district P, a five (5) foot front yard is required. Where the frontage on one side of the street between two intersecting streets is located partly in district P and partly in any R district, the front yard shall conform to the R district regulations for a distance of not less than 300 feet from the district boundary. Where a front yard is required along the frontage on one side of a street, the front yard requirements of the property directly opposite on the other side of the street shall be not less than twenty (20) feet; except that such yard requirement shall not apply where the property in the R district backs up to the street. No storage or similar use shall be allowed in required front yards in district P.

Side yards.

A five (5) foot side yard is required, except that a side yard not less than ten (10) feet in width shall be provided on the side of a lot adjoining any R district.

Rear yards.

A five (5) foot rear yard is required, except that a rear yard not less than ten (10) feet in depth shall be provided upon that portion of a lot abutting or across a rear street from an R district, except that such yard requirement shall not apply where the property in the R district also backs up to the rear street.

Side of lot.

There are no side yard limitations.

Lot coverage.

There are no lot coverage limitations.

District P parking and loading regulations.

Off-street parking spaces shall be provided on dust-free, hard surfaces, in such numbers as necessary to accommodate regular traffic, including disabled parking spaces, as provided below:

Private club, lodge, country club or golf club, one (1) parking space for each three hundred (300) square feet of floor area or for every ten (10) members, whichever is greater.

School, elementary, one (1) parking space for two (2) classrooms, whichever is greater.

School, secondary and college, one (1) parking space for each sixteen (16) seats in the main auditorium or two (2) spaces for each classroom, whichever is greater.

Accessible parking shall be provided in accordance with the standards of the Architectural Barriers [Act and the] Texas Accessibility Standards.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.014 District I, industrial district.

District I designation.

The I district is intended to serve the needs of manufacturing, fabrication, assembling, warehousing and wholesaling businesses. Because of the potential environmental problems inherent in manufacturing processes, stringent performance standards should apply to this district. It is hoped that industrial areas in the city reflect a campus orientation with large lot design and substantial landscaping. Screening and buffering standards should be incorporated to reduce the negative impact of the district’s land uses on abutting residential neighborhoods.

District I use regulations.

A building or premises in district I shall be used only for the following purposes:

Accessory buildings and uses customarily incident to any of the uses permitted in this section provided that such use is not objectionable because of odor, dust, noise, vibration or similar nuisance.

Apparel and other products assembled from finished textiles.

Automobile, commercial vehicle or recreational vehicle, or trailer display and sales, repair garages, tire and seat cover shops.

Automobile parking lots, not including commercial vehicle and recreational vehicle parking.

Banks.

Bottling works.

Bowling alleys, drive-in restaurants, other similar places of entertainment or amusement, provided such use is located not less than 100 feet from any R district.

Boardinghouses, lodging houses, and bed and breakfasts.

Carpentry, painting, plumbing shop.

Carting, express, hauling or storage yard.

Churches and other places of worship.

Commercial large truck repair.

Commercial truck overnight parking.

Commercial vehicle or large truck wash.

Contractor’s yard.

Creamery, ice cream manufacturing and dairy operations.

Drugs, cosmetics, and pharmaceutical products manufacturing.

Electronic products (including computer hardware) assembly or recycling.

Facilities for the processing and meat products of animals not for retail sale, excluding slaughter.

Farm equipment display, sales room and service yard.

Glass products, from previously manufactured glass.

Hospitals, clinics and sanitariums.

Hotels and motels.

Household appliance products assembly and manufacture from prefabricated parts.

Industrial and manufacturing plants, including the processing or assembling of parts for production of finished equipment where the process of manufacturing or treatment of materials is such that only a nominal amount of dust, odor, gas, smoke or noise is emitted and not more than ten percent of the lot or tract is used for the open storage of products, materials or equipment.

(27)

Institutions of a religious, educational, charitable or philanthropic nature, but not a penal or mental institution.

(28)

Laundries, self-service.

(29)

Lumber yard and related storage materials.

(30)

Mixed use developments with commercial or office units and living units.

(31)

Mortuaries.

(32)

Personal service uses, including barbershops, beauty parlors, florists, photographic or artist studios, bakeries, messengers, taxicabs, newspaper or telegraphic service stations, dry cleaning and pressing, dressmaking, tailoring, shoe repairing, repair of household appliances and bicycles, catering, and other personal service uses of similar character.

Plastic products manufacture, but not including the processing of raw materials.

(34)

Printing, engraving and newspaper plants.

(35)

Professional offices.

(36)

Public utilities substations.

(37)

Radio or television broadcasting station or studio.

(38)

Recycling facilities for glass, paper, electronics, automobile tires.

(39)

Restaurants, cafes, specialty food and drink stores, tasting rooms, bars and taverns.

(40)

Retail stores.

(41)

Sporting and athletic equipment manufacture.

(42)

Storage buildings.

(43)

Taxidermy.

(44)

Testing and research laboratories.

(45)

Theaters.

(46)

Upholstering shop.

(47)

Veterinarian or animal hospital provided that no such building, kennel or exercise runway shall be closer than fifty (50) feet to any R district.

(48)

Welding shop.

Prohibited uses include any process of manufacturing or treatment of materials [that] emits more than a nominal amount of dust, odor, gas, smoke, or noise; uses that use more than ten percent of the lot area for the open storage of products, materials or equipment; junkyards and auto crushing/metal recycling facilities.

through (e) [Reserved]

District I parking off-street parking requirements based on use.

Off-street parking spaces shall be provided on dust-free, hard surfaces, in such numbers as necessary to accommodate regular traffic, including disabled parking spaces[;] for a manufacturing or industrial establishment, research or testing laboratory, creamery, bottling plant, warehouse, printing or plumbing shop or similar establishment, one (1) parking space for each four (4) employees on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith, but not less than one (1) parking space for each twelve hundred (1,200) square feet of floor area.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.015 Uses allowed by special use overlay.

Purpose of special use overlay.

The purpose of the special use overlay is to provide a process to consider a land use in a zoning district that is not permitted by right, subject to commission and council determination that the proposed use in that specific location would be appropriate and compatible with adjacent land uses under given conditions. This is a site- and use-specific determination, and does not create a precedent to allow other similar uses on different sites. Approval of a special use overlay allows any use permitted by right in the base zoning district, and the specific use approved in the special use overlay ordinance.

Special use development conditions.

The commission shall make a recommendation to the council as to the appropriateness of the proposed use and development conditions that insure compatibility with surrounding properties and land uses. The commission and council may consider conditions relating to the following:

Specific identification of allowable uses;

Screening or buffering of property perimeter, loading docks, dumpsters and mechanical systems;

Landscaping for screening or aesthetic purposes;

Lighting;

Height and bulk limitations, including additional setback requirements;

Building character and construction materials;

Signage;

Ingress and egress, parking requirements, including location and number of spaces;

Hours of operation;

Open space or recreational requirements; and

Other performance standards determined to be appropriate to ensure compatibility with adjacent uses.

Special use overlay process.

A special use overlay is considered a zoning district change, and the application and process shall be the same as provided for in section 14.01.020 (Rezoning).

Special uses.

Home occupations may be requested to be located in an R-1 district, provided there is no signage, and additional vehicular traffic is no more excessive than other single-family residences.

The following uses may be requested to be located in a R-2 district:

Boarding, lodging, bed and breakfast, or similar small-scale use where lodging with meals is provided in a home setting.

Child care facilities, licensed in accordance with state law.

Senior citizen independent living facilities, assisted living facilities, nursing homes and group homes, licensed in accordance with state law.

Manufactured home park or recreational vehicle park, subject to compatibility with surrounding land uses and compliance with the requirements of the manufactured home ordinance.

The following uses may be requested to be located in a B-2 or I district:

Manufactured home parks permit or a recreational vehicle park subject to compatibility with surrounding land use and compliance with the requirements of the manufactured home ordinance.

Single-family uses existing in the B-2 district on the effective date of this chapter are considered under a special use overlay, and shall be allowed to make routine repairs and maintenance on the structures.

If the residential structure is destroyed by fire, explosion, other casualty, act of God or public enemy, the property owner may rebuild the home.

If the residential structure is destroyed through voluntary demolition, the special use overlay is void and the next use must conform to the B-2 district.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.016 Area and parking standards.

Front yards.

In the B-1 and B-2 zoning districts, where twenty-five percent (25%) or more of the frontage upon the same side of a street between two intersecting streets is occupied or partially occupied by a building or buildings with front yards of less depth than required by this chapter, or where the configuration of the ground is such that conformity with the front yard provisions of this chapter would work a hardship, the board of adjustment may permit modifications of the front yard requirements.

In a residential district, no fence, structure or shrubbery higher than three and one-half (3-1/2) feet above the established street grades shall be maintained within twenty (20) feet of any street intersection.

Open and unenclosed terraces or porches and eave and roof extensions may project into the required front yard for a distance not to exceed four feet; however, no supporting structure for such extensions may be located within the required front yard. An unenclosed canopy for a gasoline filling station may extend beyond the building line of a gasoline filling station shall mean the actual wall of the building [sic] and shall not be interpreted as being the curb of a walk or driveway or as the front of a canopy or the columns supporting same.

Where an official line has been established for future widening or opening of a street upon which a lot abuts, then the width of a front or side yard shall be measured from such official line to the nearest line of the building.

Side yards.

On a corner lot, the width of the yard along the side streets shall not be less than any required front yard on the same side of such street between intersecting streets; however, the buildable width of a lot of record shall not be reduced to less than thirty (30) feet.

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

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

Where a lot of record at the time of the effective date of this chapter is less than fifty (50) feet in width the required side yard may be reduced to provide a minimum buildable width of thirty (30) feet; however, no side yard shall be less than five (5) feet.

The area required in a yard shall be open to the sky, unobstructed except for the ordinary projections of windowsills, belt courses, cornices or other ornamental features.

A roof overhang, an open fire escape or an outside stairway may project not more than three (3) feet into a required side yard, but no closer than three (3) feet to a property line.

Rear yards.

An accessory building not exceeding twenty (20) feet in height may occupy not to exceed twenty percent (25%) [sic] and enclosed parking spaces may occupy not to exceed eighty percent (80%) of the area of a required rear yard but no accessory building shall be closer than twenty (20) feet to the main building nor closer than five (5) feet to any rear or side lot lines.

Rules for computing number of parking spaces.

In computing the number of parking spaces required for each of the uses listed in these regulations, the following rules shall govern:

Accessible parking shall be provided in accordance with the standards of the Architectural Barriers [Act and the] Texas Accessibility Standards.

Floor area means the gross floor area of the specific use.

Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.

The parking space requirement for a use not specifically mentioned in this chapter shall be the same as required for a use of similar nature.

Whenever a building or use constructed or established after the effective date of this chapter is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of ten percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this chapter is enlarged to the extent of fifty percent (50%) or more in floor area or in the area used, the building or use shall then and thereafter comply with the parking requirements set forth in this chapter.

In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.

Location of parking spaces.

All parking spaces required in this chapter shall be located on the same lot with the building or use served, except as follows:

Where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two or more buildings or establishments, the required spaces may be located not to exceed three hundred (300) feet from an institutional building served and not to exceed five hundred (500) feet from any other nonresidential building served.

Off-site, shared parking may be allowed for not more than fifty percent (50%) of the parking spaces required for:

Theaters, bowling alleys, dancehalls, nightclubs or cafes, and not more than eighty percent (80%) of the parking spaces required for a school auditorium may be credited for use by:

Banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as those listed in subsection (2)(A), provided;

Any applicant seeking approval for shared parking, a written agreement ensuring their retention for such purposes shall be prepared and executed by all parties seeking approval and allowing the use of their property, approved by the city attorney, and the agreement shall be filed with the application for a building permit.

Dimensions of parking spaces.

Minimum dimensions for off-street parking shall be as follows:

For ninety degree (90°) angle parking, each parking space shall be not less than nine (9) feet wide nor less than twenty (20) feet in length. Maneuvering space shall be in addition to parking space and shall be not less than twenty-four (24) feet perpendicular to the building or parking line.

For sixty degree (60°) angle parking, each parking space shall be not less than nine (9) feet wide perpendicular to the parking angle nor less than seventeen (17) feet in length when measured at right angles to the building or parking line. Maneuvering space shall be in addition to parking space and shall be not less than twenty (20) feet perpendicular to the building or parking line.

For forty-five degree (45°) angle parking, each parking space shall be not less than nine (9) feet wide perpendicular to the parking angle nor less than sixteen (16) feet in length when measured at right angles to the building or parking line. Maneuvering space shall be in addition to parking space and shall be not less than eighteen (18) feet perpendicular to the building or parking line.

When off-street parking facilities are located adjacent to a public alley, the width of the alley may be included in the calculation of the maneuvering space requirement.

Where off-street parking facilities are provided in excess of the minimum amounts specified in this section, or when off-street parking facilities are provided but not required by this chapter, the off-street parking facilities shall comply with the minimum requirements for parking and maneuvering space specified in this section.

Off-street loading space.

Every building or part of a building erected or occupied for retail business, service, manufacturing, storage, warehousing, hotel, mortuary or any other use similarly involving the receipt or distribution by vehicles of materials or merchandise shall provide and maintain on the same premises loading space in accordance with the following requirements:

In district B-2, one (1) loading space for each ten thousand (10,000) square feet or fraction of floor area in the building.

In district I, one (1) loading space for the first five thousand (5,000) to fifteen thousand (15,000) square feet, or fraction, of floor area in excess of fifteen thousand (15,000) square feet. [sic]

Each required loading space shall have a minimum size of ten (10) feet by twenty-five (25) feet.

Parking surface and drainage.

All parking areas shall be hard, dust-free surfaces built in accordance with the city’s specifications provided by the city engineer. In addition, all parking areas shall be designed and constructed for adequate drainage to the street or natural drainageway.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.017 Screening requirements.

This section establishes standards for the screening and separation of adjoining residential and nonresidential land uses, equipment and outdoor storage areas, and surface parking areas.

Screening between different land uses.

A commercial or industrial land use adjacent to a single-family residential district shall provide screening along the shared parcel boundary line:

Screening shall be composed of a combination of dense, opaque plant material and a wall of solid masonry material, or other similar sturdy, opaque material that will not rot, or be subject to holes or other damage that would compromise the protection of the residential use, provided, however, that metal fencing shall not be permitted.

Fencing shall be eight feet in height.

A landscaping strip with a minimum width of ten feet shall be planted with plant materials on the industrial side, and shall be designed to provide opaque coverage to minimize the heat reflection and absorption, as well as to provide a visual softening of the masonry construction.

Colors, materials, and architectural style of the screening wall shall be architecturally compatible with other on-site development, but shall, at a minimum, be of masonry or privacy-type wood.

Openings or pedestrian connections may be required in the solid wall at the discretion of the building official, provided such openings are reflected on existing plats.

Fences between single-family uses may not exceed eight feet in height, and may be constructed with commonly accepted fencing material, including masonry, wood, pickets, split beam, or chain link.

The use of electrical fencing is prohibited except for agricultural uses; concertina or razor wire is also prohibited.

All fences shall be constructed on the property lines.

Fencing and screening for specific uses.

Outdoor equipment, storage and work areas. Nonresidential outdoor uses and equipment adjacent to a residential use shall be completely and opaquely fenced, with a securely closing gate. This section does not apply to agricultural equipment or uses.

Swimming pools, spas, and other water features shall be fenced in accordance with the building code.

Mechanical equipment, loading docks, refuse areas. Roof- or ground-mounted mechanical equipment, loading dock areas, and refuse areas shall be obscured from view from an adjacent public right-of-way and residential areas by opaque screening.

Prohibited materials.

Unless required by federal or state law, the following materials are prohibited:

Razor or concertina wire.

Chain-link fencing within a front or side street setback.

Barbed wire, except upon approval of the building official and where required for animal control.

Electrified fencing.

All fences and screening must be maintained by the property owner and kept in good repair, and replaced or replanted as necessary.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.018 Nonconformities.

Within the districts established by this chapter or amendments to this chapter, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this chapter was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not conform to the regulations of the district in which they are located. It is the intent of this section to permit such nonconformance to continue, under regulations contained in this section, until they are removed, but not to encourage their survival. Nonconforming uses are declared to be incompatible with the permitted uses in the districts involved.

It is further the intent of this section that nonconforming uses shall not be enlarged upon, expanded or extended, nor be used as a basis for adding other structures or uses prohibited elsewhere in the same district. Except as provided in this section, no nonconforming use of land or buildings nor any nonconforming structure shall be enlarged, changed, altered, or repaired except in conformity with the regulations contained in this section.

Any use or structure that does not conform with the regulations contained in the zoning district in which it is located is deemed to be a legal nonconforming use when:

The use or structure was in existence and lawfully operating on the effective date of this chapter, and has since been in regular and continuous use;

The use or structure was lawfully being used at the time of the adoption of any amendment to this chapter and by such amendment was placed in a district where it is not otherwise permitted; or

The use or structure was in existence at the time of annexation to the city and has since been in regular and continuous use.

The lawful use of land existing on the original ordinance adoption date of November 26, 2002, of this chapter [Ordinance 2002-28], although it does not conform to the provisions in this chapter, may be continued until termination is required in accordance with the provisions of this section. During the period between designation as a nonconforming land use activity and notification of a prescribed termination date, if discontinuance occurs, any future use of the premises must be in conformity with the general provisions of this chapter.

A legal nonconforming use, when discontinued or abandoned, cannot be resumed. Prima facie evidence of discontinuance or abandonment is as follows:

When land associated with a legal nonconforming use ceases to be used in such a manner for a period of one hundred eighty-three (183) consecutive days.

When a structure associated with a nonconforming use ceases to be used in such a manner for a period of one hundred eighty-three (183) consecutive days.

Abandonment of a nonconforming use shall be determined by the board of adjustment and may include a consideration of the following factors in addition to the prima facie evidence of abandonment cited in subsection (e)(2) of this section:

The intent of the owner; or

The apparent act of discontinuance as supported by evidence submitted to the board of adjustment.

It shall be the responsibility of the owner, operator or occupant to provide proof that a nonconforming structure or use of land or building existed prior to the original ordinance adoption date of November 26, 2002, of this chapter [Ordinance 2002-28].

Nothing in this section shall prevent the restoration of a building destroyed by fire, explosion, other casualty, act of God or a public enemy, nor the continued occupancy or use of such a building or part that existed at the time of such destruction.

No nonconforming use or structure may be substituted for any other nonconforming use or structure. Only the exact type of nonconforming use which existed on the property on the original ordinance adoption date of November 26, 2002, of this chapter [Ordinance 2002-28], or uses permitted by right, or approved conditional uses may be substituted for nonconforming uses or structures.

No nonconforming use or structure may be extended or enlarged and no nonconforming use of land may be enlarged or increased to occupy a greater area of land than was occupied at the time the site achieved nonconforming status.

(j)

Nonconforming status is inherent in the property or use. The sale or lease of a legally nonconforming parcel of property or structure shall in no way limit the use of that property or structure for its legally nonconforming use or activity; however, all other provisions of this section and this chapter shall apply.

(k)

The right to use a parcel of land or a structure in a nonconforming manner shall terminate under any of the following circumstances:

When the use is abandoned.

When a nonconforming use is changed to a conforming use by means of an amendment to the zoning text or map.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.019 Newly annexed areas.

Zoning annexed areas.

All territory annexed to the city shall be temporarily classified as district R-1, single-family residential, until permanently zoned by the city council. The planning and zoning commission shall, as soon as practicable after annexation of any territory, recommend to the city council a plan for permanent zoning in the area. The procedure to be followed for adoption shall be the same as is provided by law for the adoption of original zoning regulations.

Permits in temporary zoned areas.

In a newly annexed area, no permit for the construction of a building or use of land other than types of buildings or land use allowed in that district under this chapter shall be issued by the zoning official until such permit has been specifically authorized by the city council after receipt of recommendation from the planning and zoning commission.

Permits for the construction of buildings in a newly annexed area prior to permanent zoning may be authorized under the following conditions:

Pre-existing or planned use.

An application for any use shall be made to the zoning official, identifying the use contemplated, and a plat showing the size and type of buildings to be constructed.

The application shall note whether the use is new, or was in existence on the effective date of annexation; or

If subsection (A), above, is inapplicable, whether the use was planned 90 or more days before the effective date of annexation; and

For subsections (A) and (B), that an initial license, certificate, permit, approval or other form of authorization by a governmental entity was required and filed for.

New use.

If an application is for other than a building allowed in the R-1 single-family district, it shall be referred as a request for zoning change to the planning and zoning commission for recommendation to the city council, in accordance with the amendment procedures in section 14.01.020.

Unplatted property.

The planning and zoning commission shall not approve any plat or any subdivision within the city limits until the area covered by the proposed plat shall have been permanently zoned by the city council.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.020 Rezoning.

Authority.

The city council may from time to time amend, supplement or change by ordinance the boundaries of the districts or the regulations established in this chapter.

Submission to planning and zoning commission.

Required.

Before taking action on any proposed amendment, supplement or change to a district boundary or regulation, the council shall submit the proposed revision to the planning and zoning commission for its recommendation and report.

Procedure before the planning and zoning commission.

The planning and zoning commission shall hold a public hearing on all proposed changes in zoning regulations or district boundaries. Written notice of public hearings shall be sent to all owners of real property lying within two hundred (200) feet of the property on which a change in district boundaries is proposed. This notice shall be given not less than ten days before the day set for hearing to all such owners who have rendered their property for city taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the notice, properly addressed and postage paid, in a United States post office. Where property lying within two hundred (200) feet of the property proposed to be changed is located in territory which was annexed into the city after the final date for making renditions which are included on the last approved city tax roll, notice to such owners shall be given by publishing the notice in a newspaper of general circulation in the city, at least ten (10) days prior to the date set for hearing, which shall state the time and place of such hearing.

After the public hearings, the planning and zoning commission shall make its recommendation report regarding the change in zoning regulations or district boundaries to the city council.

Each such recommendation made by the planning and zoning commission shall be reported to the city council, in writing, and the applicant notified of the action of the planning and zoning commission.

The planning and zoning commission shall establish and maintain a separate file for each application received, and shall record the names and addresses of all persons to whom notices are mailed, including the date of mailing and the persons by whom such notices were delivered to the United States post office. All records and files shall be permanent and official files of the city.

City council public hearing.

Following receipt of the commission’s report, a public hearing shall be held by the city council before adopting any proposed amendment, supplement or change to the zoning regulations or district boundaries. Notice of such hearing shall be given by publication one time in a paper of general circulation in the city, stating the time and place of such hearing, which time shall not be earlier than 16 days from the first date of publication.

Super-majority vote by council.

A favorable vote of three-fourths (3/4) of all members of the city council is required for a zoning change to be effective in the following circumstances:

A negative recommendation by the planning and zoning commission; or

If a protest signed by the owners of twenty percent (20%) or more of either:

The area of the lots or land included in such proposed change; or

The area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet in all directions.

Fees for requesting a change in zoning.

An application requesting an amendment, supplement, change or modification of this chapter, including the zoning map, which requires the sending of notices or the publication of notices in the newspaper, shall deposit with the city secretary an amount of money estimated by the city secretary to be sufficient to mail and publish all notices required by law. A fee, as established by the council, and on file in the city secretary’s office shall be charged such applicant.

Accessory building or use

Limitation on resubmission of petition.

No amendment, supplement, change or repeal of any section of this chapter which has been legally rejected by both the city council and the planning and zoning commission shall again be considered either by the city council or the planning and zoning commission on an appeal or petition by an appellant or application before the expiration of one year from the date from the prior rejection.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.021 Severability.

If any section or part of any section or paragraph of this chapter is declared invalid or unconstitutional for any reason, it shall not be held to invalidate or impair the validity, or effect of any other section or sections or part of a section or paragraph of this chapter.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.022 Violation and penalties.

Any person who shall violate any of the provisions of this chapter or who shall fail to comply with this chapter or with any of the requirements of this chapter, or who shall erect or alter any building, or who shall commence to erect or alter any building in violation of any detailed statement or plan submitted or approved under this chapter, shall for each and every violation or noncompliance be deemed guilty of a misdemeanor and shall be fined not less than ten dollars ($10.00) and not more than two thousand dollars ($2,000.00). The owner of that building or premises or part where anything in violation of this chapter shall be placed or shall exist, and any architect, building contractor, agent or corporation employed in connection with the building or premises who may have assisted in the commission of any such violation shall each be guilty of a separate offense and upon conviction shall be subject to the penalties provided in this section.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.023 Effective date.

This chapter shall take effect and be in force from and after its approval and publication and its effective date shall be the date of publication by caption in an issue of the Eagle Lake Headlight, a newspaper published in Eagle Lake, Texas.

(Ordinance 2016-002 adopted 4/26/16)

Eagle Lake City Zoning Code

ARTICLE 14

01 GENERAL PROVISIONS

[1]

§ 14.01.001 Purpose.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.002 Definitions.

means one which:

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

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

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

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

Nonconforming use, building or yard

Is not a residential use.

Alley

means a public or private thoroughfare that affords only a secondary means of access to abutting property.

Amortization

means the paying off of a debt with a fixed repayment schedule in regular installments over a period of time.

Apartment

Apartment house

Bed and breakfast

means an owner-occupied private home which offers lodging for paying guests, and which serves breakfast to these guests and which contains one or more guest rooms.

Block face

means a side of a block facing upon a street, within which lots face the abutting street.

Board

means the board of adjustment.

Boardinghouse

Build

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

Buildable width

means the width of the building site left to be built upon after the required side yards are provided.

Building

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

Building height

Building line

means a line parallel or approximately parallel to the street line and beyond which buildings may not be erected.

Building lot

Carport

Curb line

means the back or yard side of the curb. If no curb exists then the center of the drainage ditch between the roadway and the property shall be considered the curb line.

District

means a zoning district that is a part of the city wherein the regulations of this chapter are uniform.

Dust-free hard surface

Dwelling

means any building or portion that is designed for or used for residential purposes.

Dwelling, multifamily

means a building designed for or occupied exclusively by three or more families.

Dwelling, single-family

means a building designed for or occupied exclusively by one family.

Dwelling, two-family

means a building designed for or occupied exclusively by two families.

Dwelling unit

Family

means an individual or two or more persons related by blood, marriage or adoption, or a group of not more than 2 unrelated persons living together as a single housekeeping unit in a dwelling unit.

means the area of a horizontal plane intercepted by the vertical projections of the front, side and rear lot lines of a building lot.

Lot, corner

means a building lot situated at the intersection of two streets, the interior angle of such intersection not to exceed one hundred thirty-five (135) degrees.

Lot depth

means the mean horizontal distance between the front lot line and the rear lot line of a building lot measured within the lot boundary.

Lot, interior

means a building lot other than a corner lot.

Lot line, front

Lot line, rear

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

Lot line, side

means any boundary of a building lot that is not a front lot line or a rear lot line.

Lot of record

Lot, through

means a building lot where both the front and rear lot lines adjoin street lines. On a through lot, both street lines shall be deemed front lot lines.

Manufactured home

means a HUD-code manufactured home, built after 1976 and registered by the State of Texas.

Manufactured home park

means any tract or plot of land upon which two or more manufactured homes are located, regardless of whether or not a charge is made for accommodation.

Nonconforming use

means any use within a district that is not specifically permitted by the use regulations of the district in which it is located.

Nuisance

means any cause or source of annoyance or harm to person or property in a particular locality that constitutes an invasion or disturbance of another’s rights.

Open storage

Parking space, off-street

Recreational vehicle

Recreational vehicle park

Retail

means the sale of goods and services to the public for use or consumption.

Specialty food and drink

means foods that are typically considered as unique and high-valued food and drink items made in small quantities from high-quality ingredients.

Story

Story, half

Street

means a public or private thoroughfare that affords the principal means of access to abutting property.

Street line

means a dividing line between a lot, tract or parcel of land and a contiguous street.

Structural alteration

means any change in the supporting members of a structure, such as bearing walls, columns, beams or girders.

Structure

Tasting room

Travel trailer.

See “Recreational vehicle.”

Use

means the purpose or activity for which the land, or buildings on the land, is designed, arranged or intended or for which it is occupied or maintained.

Yard

Yard, required front,

Yard, required rear,

Yard, required side,

Zoning map

means the map or maps incorporated by reference into this chapter as a part of this chapter.

Zoning official

means the official of the city appointed by the city administrator as such, and whose duties include the administration and enforcement of these zoning regulations.

(Ordinance 2016-002 adopted 4/26/16; Ordinance 2023-05 adopted 9/12/2023)

§ 14.01.003 Interpretation and conflict.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.004 Preservation of existing rights.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.005 Compliance with regulations.

Except as otherwise specifically provided:

No land shall be used for a purpose except as permitted in the district in which it is located.

No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which such building is located.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.006 Interpretation of district boundaries.

Where uncertainty exists with respect to the boundaries of any districts as shown on the zoning map, the following rules shall apply:

District boundaries approximately following the centerlines of streets or highways, street lines or highway right-of-way lines, shall be construed to be such boundaries.

District boundaries approximately following lot lines shall be construed to be such boundaries.

For unsubdivided property, the district boundary lines on the zoning map shall be determined by use of the scale appearing on the map.

In the case of a district boundary line dividing a property into two parts, the district boundary line shall be construed to be the property line nearest the district line as shown.

Where the streets or alleys on the ground differ from the streets or alleys as shown on the zoning map, the streets or alleys on the ground shall control.

The zoning official shall make interpretations as necessary under this section, subject to appeal to the board of adjustment.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.007 Establishment of districts and boundaries; official zoning map.

For the purposes of this chapter, the city is divided into six districts as follows:

District R-1, single-family residential district.

District R-2, single-family, two-family, and multifamily residential district.

District B-1, central business district

District B-2, business or commercial district (includes hotels and motels).

District P, public building or public use district.

District I, industrial district.

The official zoning map of the city shall be kept in the office of the city secretary, and one copy shall be maintained by the zoning official.

It shall be the duty of the city secretary to keep the official map and the copies current by entering on both maps any changes reflecting amendments to this chapter and the map.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.008 Permitted uses and new or unlisted uses.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.009 District R-1, single-family residential district.

R-1 district description.

R-1 district use regulations.

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

One-family dwellings.

Churches and other places of worship.

Home occupations in the R-1 district shall be subject to the following standards, or, if the standards cannot be met, the grant of a special use overlay may be requested:

The residential dwelling unit shall not be modified in appearance;

No more than one (1) person who does not reside in the residence may be employed by the business;

The use is limited to office or service businesses, and may not involve vehicle service or repair, a bed and breakfast, or any type of child care facility;

The business shall be operated in accordance with all applicable laws and permitting requirements;

The business shall be owned and operated by a person who resides in the dwelling unit;

The business activity shall not occupy more than 20 percent of the gross floor area of the principal residential building;

All business operations and storage shall be contained within the residential building;

No display of merchandise shall be visible from the exterior; and

The home occupation shall not create or cause any perceptible noise, odor, smoke, electrical interference, or vibrations that constitute a public nuisance.

R-1 district area regulations.

Size of yards.

Front yard.

Side yard.

Rear yard.

There shall be a rear yard having a depth of not less than ten (10) feet.

Size of lot.

Lot area.

No building to be used as a one-family dwelling shall be constructed on any lot of less than 5,000 square feet.

Lot width.

The width of a lot for a single-family dwelling shall not be less than fifty (50) feet.

Lot depth.

Parking regulations.

Off-street parking spaces shall be provided on dust-free, hard surfaces, in such numbers as necessary to accommodate regular traffic, including disabled parking spaces:

Single-family dwelling units shall have a minimum of two off-street parking spaces.

Real estate sales offices, three (3) parking spaces plus one (1) additional parking space for each four hundred square feet of floor area over one thousand square feet.

Group homes, one space for each bedroom, plus one additional parking space for each employee.

Disabled parking spaces shall be provided as required by the Texas Accessibility Standards, and shall be in addition to the required parking outlined above.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.010 District R-2, single-family, two-family, and multifamily residential district.

R-2 district description.

R-2 district use regulations.

A building or premises in the R-2 district shall be used only for the following purposes:

One-family dwellings.

Two-family dwellings.

Apartment, townhouse or condominium dwellings and/or rental offices or accessory buildings used in conjunction with such dwellings.

Manufactured homes and manufactured home parks, provided they comply with the requirements of the manufactured home ordinance.

Churches and other places of worship.

Home occupations in the R-2 district shall be subject to the following standards, or, if the standards cannot be met, a special use overlay may be granted:

The residential dwelling unit shall not be modified in appearance;

No more than one (1) person who does not reside in the residence may be employed by the business;

The use is limited to office or service businesses, and may not involve vehicle service or repair, a bed and breakfast, or any type of child care facility;

The business shall be operated in accordance with all applicable laws and permitting requirements;

The business shall be owned and operated by a person who resides in the dwelling unit;

The business activity shall not occupy more than 20 percent of the gross floor area of the principal residential building;

All business operations and storage shall be contained within the residential building;

No display of merchandise shall be visible from the exterior; and

The home occupation shall not create or cause any perceptible noise, odor, smoke, electrical interference, or vibrations that constitute a public or private nuisance.

Senior citizen independent living facilities, assisted living facilities, nursing homes and group homes, licensed in accordance with state law.

R-2 district area regulations.

Size of yards.

Front yard.

Side yard.

Rear yard.

There shall be a rear yard having a depth of not less than ten (10) square feet.

Size of lot.

A two-family dwelling, multifamily dwelling, apartment house, townhouse, or condominium structure shall not be erected on a lot less than eight thousand (8,000) square feet.

New subdivisions and residential lots created after the effective date of this chapter shall abide by the following lot dimension standards:

Lot area.

Lot width.

Lot depth.

R-2 district parking regulations.

Off-street parking spaces shall be provided on dust-free, hard surfaces, in such numbers as necessary to accommodate regular traffic, including disabled parking spaces:

Single-family dwelling units shall have a minimum or two off-street parking spaces.

Real estate sales offices, three (3) parking spaces plus one (1) additional parking space for each four hundred square feet of floor area over one thousand square feet.

Group homes, one space for each bedroom, plus one additional parking space for each employee.

Disabled parking spaces shall be provided as required by the Texas Accessibility Standards, and shall be in addition to the required parking outlined above.

Parking for multifamily dwellings, apartment houses, townhouses, or condominiums shall be provided as follows:

The parking areas shall be landscaped and permanently maintained by the landowner or management of the complex, in addition to required on-site landscaping.

Any lighting of drives or parking areas shall be designed to not cause any glare on any other residential property.

Additional standards for multifamily dwellings, apartment house, townhouse, condominium development, or senior living facility.

Open space.

Privacy screen.

Signs.

Visibility.

Number of signs.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.011 District B-1, central business district.

District B-1 description.

District B-1 use regulations.

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

Automobile parking lots, not including commercial vehicle parking.

Banks.

Boardinghouses, lodging houses, and bed and breakfasts.

Hotels and motels.

Institutions of an educational, charitable or philanthropic nature, but not a penal or mental institution or churches.

Laundries, self-service.

Mixed use developments with commercial or office units and living units, in existing buildings in the downtown area.

Professional offices[.]

Public utilities substations.

Radio or television broadcasting station or studio.

Rental event venues.

Restaurants, cafes, specialty food and drink stores, tasting rooms, bars and taverns.

Retail stores.

Taxidermy.

Theater.

Accessory buildings and uses customarily incident to any of the uses permitted in this section provided that such use is not objectionable because of odor, dust, noise, vibration or similar nuisance.

District B-1 area regulations.

Size of yards.

Must be compatible with adjoining buildings.

Size of lot.

No limitations.

Lot coverage.

No limitations.

Build-to lines.

In keeping with the character of the B-1 zoning district, new or reconstructed buildings are required to construct to the front property line adjoining the public right-of-way.

District B-1 parking and loading regulations.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.012 District B-2, business or commercial district.

District B-2 description.

District B-2 use regulations.

A building or premises in district B-2 shall be used only for the following purposes:

Accessory buildings and uses customarily incident to any of the uses permitted in this section provided that such use is not objectionable because of odor, dust, noise, vibration or similar nuisance.

Automobile parking lots, not including commercial vehicle and recreational vehicle parking.

Automobile, commercial vehicle or recreational vehicle, or trailer display and sales, repair garages, tire and seat cover shops.

Banks.

Bowling alleys, drive-in restaurants, other similar places of entertainment or amusement, provided such use is located not less than 100 feet from any R district.

Boardinghouses, lodging houses, and bed and breakfasts.

Carwash for automobiles only.

Carpentry, painting, plumbing shop.

Churches and other places of worship.

Creamery, ice cream manufacturing and dairy operations.

Facilities for the processing and meat products of animals not for retail sale, excluding slaughter.

Farm equipment display, sales room and service yard.

Hospitals, clinics and sanitariums.

Hotels and motels.

Institutions of a religious, educational, charitable or philanthropic nature, but not a penal or mental institution.

Laundries, self-service.

Lumber yard and related storage materials.

Mixed use developments with commercial or office units and living units.

Mortuaries.

Personal service uses, including barbershops, beauty parlors, florists, photographic or artist studios, bakeries, messengers, taxicabs, newspaper or telegraphic service stations, dry cleaning and pressing, dressmaking, tailoring, shoe repairing, repair of household appliances and bicycles, catering, and other personal service uses of similar character.

Printing, engraving and newspaper plants.

Professional offices.

Public utilities substations.

Radio or television broadcasting station or studio.

Restaurants, cafes, specialty food and drink stores, tasting rooms, bars and taverns.

Retail stores.

Storage buildings.

Taxidermy.

Theater.

Upholstering shop.

Veterinarian or animal hospital provided that no such building, kennel or exercise runway shall be closer than fifty (50) feet to any R district.

Welding shop.

District B-2 area regulations.

Size of yards.

Size of yards in district B-2 shall be:

Front yard.

Side yards.

A five (5) foot side yard is required, except that a side yard of not less than ten (10) feet in width shall be provided on the side of the lot adjoining an R district.

Rear yards.

District B-2 parking and loading regulations.

Off-street parking spaces shall be provided on dust-free, hard surfaces, in such numbers as necessary to accommodate regular traffic, including disabled parking spaces:

Bowling alley, four (4) parking spaces for each alley.

Dance hall, assembly or exhibition hall without fixed seats, one (1) parking space for each two hundred (200) square feet of floor area used therefor.

Hospital, four (4) parking spaces plus one (1) additional parking space for each (8) eight beds.

Hotel, one (1) parking space for each sleeping room or suite plus one (1) space for each four hundred (400) square feet of commercial floor area.

Mortuary or funeral home, one (1) parking space for each fifty (50) square feet of floor space in parlors or individual funeral service rooms.

Motor vehicle sales rooms and used car lots, one (1) parking space for each eight hundred (800) square feet of sales floor or lot area.

Private club, lodge, country club or golf club, one (1) parking space for each three hundred (300) square feet of floor area or for every ten (10) members, whichever is greater.

Retail store or personal service establishment, except as otherwise specified in this section, one (1) parking space for each four hundred (400) square feet of floor area.

Restaurant, nightclub, cafe or similar recreation or amusement establishment, one (1) parking space for each two hundred (200) square feet of floor area.

Rooming house or boardinghouse, one (1) parking space for each sleeping room.

Sanitarium, convalescent home, home for the aged or similar institution, one (1) parking space for each six (6) beds.

School, elementary, one (1) parking space for two (2) classrooms, whichever is greater.

School, secondary and college, one (1) parking space for each sixteen (16) seats in the main auditorium or two (2) spaces for each classroom, whichever is greater.

Theater, auditorium (except school), sports arena, stadium, or gymnasium, one (1) parking space for each four (4) seats or bench seating spaces.

Tourist home, cabin or motel, one (1) parking space for each sleeping room or suite.

Accessible parking shall be provided in accordance with the standards of the Architectural Barriers [Act and the] Texas Accessibility Standards.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.013 District P, public building or public use district.

District P description.

The public building or public use district is designed to accommodate governmental facilities, community buildings and other facilities owned and/or operated by governmental or other public entities.

District P use regulations.

The following uses are permitted in the P district:

Country clubs or golf courses, but not including miniature golf courses, driving ranges or similar forms of commercial amusement.

Parks, playgrounds, community buildings and other public recreational facilities, owned and/or operated by the city or other public agency.

Public buildings and grounds, including but not restricted to churches and other places of worship, libraries, museums, police and fire stations.

School, public elementary, junior high or high school.

Schools, private, with curriculum equivalent to that of a public elementary, junior high or high school.

Water supply reservoirs, pumping plants or towers.

Public airports and related accessory uses including retail sales, and private hangar rental and sales.

District P area regulations.

Size of yards.

Front yard.

Side yards.

A five (5) foot side yard is required, except that a side yard not less than ten (10) feet in width shall be provided on the side of a lot adjoining any R district.

Rear yards.

Side of lot.

There are no side yard limitations.

Lot coverage.

There are no lot coverage limitations.

District P parking and loading regulations.

Off-street parking spaces shall be provided on dust-free, hard surfaces, in such numbers as necessary to accommodate regular traffic, including disabled parking spaces, as provided below:

Private club, lodge, country club or golf club, one (1) parking space for each three hundred (300) square feet of floor area or for every ten (10) members, whichever is greater.

School, elementary, one (1) parking space for two (2) classrooms, whichever is greater.

School, secondary and college, one (1) parking space for each sixteen (16) seats in the main auditorium or two (2) spaces for each classroom, whichever is greater.

Accessible parking shall be provided in accordance with the standards of the Architectural Barriers [Act and the] Texas Accessibility Standards.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.014 District I, industrial district.

District I designation.

District I use regulations.

A building or premises in district I shall be used only for the following purposes:

Accessory buildings and uses customarily incident to any of the uses permitted in this section provided that such use is not objectionable because of odor, dust, noise, vibration or similar nuisance.

Apparel and other products assembled from finished textiles.

Automobile, commercial vehicle or recreational vehicle, or trailer display and sales, repair garages, tire and seat cover shops.

Automobile parking lots, not including commercial vehicle and recreational vehicle parking.

Banks.

Bottling works.

Bowling alleys, drive-in restaurants, other similar places of entertainment or amusement, provided such use is located not less than 100 feet from any R district.

Boardinghouses, lodging houses, and bed and breakfasts.

Carpentry, painting, plumbing shop.

Carting, express, hauling or storage yard.

Churches and other places of worship.

Commercial large truck repair.

Commercial truck overnight parking.

Commercial vehicle or large truck wash.

Contractor’s yard.

Creamery, ice cream manufacturing and dairy operations.

Drugs, cosmetics, and pharmaceutical products manufacturing.

Electronic products (including computer hardware) assembly or recycling.

Facilities for the processing and meat products of animals not for retail sale, excluding slaughter.

Farm equipment display, sales room and service yard.

Glass products, from previously manufactured glass.

Hospitals, clinics and sanitariums.

Hotels and motels.

Household appliance products assembly and manufacture from prefabricated parts.

(27)

Institutions of a religious, educational, charitable or philanthropic nature, but not a penal or mental institution.

(28)

Laundries, self-service.

(29)

Lumber yard and related storage materials.

(30)

Mixed use developments with commercial or office units and living units.

(31)

Mortuaries.

(32)

Personal service uses, including barbershops, beauty parlors, florists, photographic or artist studios, bakeries, messengers, taxicabs, newspaper or telegraphic service stations, dry cleaning and pressing, dressmaking, tailoring, shoe repairing, repair of household appliances and bicycles, catering, and other personal service uses of similar character.

Plastic products manufacture, but not including the processing of raw materials.

(34)

Printing, engraving and newspaper plants.

(35)

Professional offices.

(36)

Public utilities substations.

(37)

Radio or television broadcasting station or studio.

(38)

Recycling facilities for glass, paper, electronics, automobile tires.

(39)

Restaurants, cafes, specialty food and drink stores, tasting rooms, bars and taverns.

(40)

Retail stores.

(41)

Sporting and athletic equipment manufacture.

(42)

Storage buildings.

(43)

Taxidermy.

(44)

Testing and research laboratories.

(45)

Theaters.

(46)

Upholstering shop.

(47)

Veterinarian or animal hospital provided that no such building, kennel or exercise runway shall be closer than fifty (50) feet to any R district.

(48)

Welding shop.

through (e) [Reserved]

District I parking off-street parking requirements based on use.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.015 Uses allowed by special use overlay.

Purpose of special use overlay.

Special use development conditions.

Specific identification of allowable uses;

Screening or buffering of property perimeter, loading docks, dumpsters and mechanical systems;

Landscaping for screening or aesthetic purposes;

Lighting;

Height and bulk limitations, including additional setback requirements;

Building character and construction materials;

Signage;

Ingress and egress, parking requirements, including location and number of spaces;

Hours of operation;

Open space or recreational requirements; and

Other performance standards determined to be appropriate to ensure compatibility with adjacent uses.

Special use overlay process.

A special use overlay is considered a zoning district change, and the application and process shall be the same as provided for in section 14.01.020 (Rezoning).

Special uses.

Home occupations may be requested to be located in an R-1 district, provided there is no signage, and additional vehicular traffic is no more excessive than other single-family residences.

The following uses may be requested to be located in a R-2 district:

Boarding, lodging, bed and breakfast, or similar small-scale use where lodging with meals is provided in a home setting.

Child care facilities, licensed in accordance with state law.

Senior citizen independent living facilities, assisted living facilities, nursing homes and group homes, licensed in accordance with state law.

Manufactured home park or recreational vehicle park, subject to compatibility with surrounding land uses and compliance with the requirements of the manufactured home ordinance.

The following uses may be requested to be located in a B-2 or I district:

Manufactured home parks permit or a recreational vehicle park subject to compatibility with surrounding land use and compliance with the requirements of the manufactured home ordinance.

If the residential structure is destroyed by fire, explosion, other casualty, act of God or public enemy, the property owner may rebuild the home.

If the residential structure is destroyed through voluntary demolition, the special use overlay is void and the next use must conform to the B-2 district.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.016 Area and parking standards.

Front yards.

Side yards.

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

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

The area required in a yard shall be open to the sky, unobstructed except for the ordinary projections of windowsills, belt courses, cornices or other ornamental features.

A roof overhang, an open fire escape or an outside stairway may project not more than three (3) feet into a required side yard, but no closer than three (3) feet to a property line.

Rear yards.

Rules for computing number of parking spaces.

In computing the number of parking spaces required for each of the uses listed in these regulations, the following rules shall govern:

Accessible parking shall be provided in accordance with the standards of the Architectural Barriers [Act and the] Texas Accessibility Standards.

Floor area means the gross floor area of the specific use.

Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.

The parking space requirement for a use not specifically mentioned in this chapter shall be the same as required for a use of similar nature.

In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.

Location of parking spaces.

All parking spaces required in this chapter shall be located on the same lot with the building or use served, except as follows:

Off-site, shared parking may be allowed for not more than fifty percent (50%) of the parking spaces required for:

Theaters, bowling alleys, dancehalls, nightclubs or cafes, and not more than eighty percent (80%) of the parking spaces required for a school auditorium may be credited for use by:

Banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as those listed in subsection (2)(A), provided;

Dimensions of parking spaces.

Minimum dimensions for off-street parking shall be as follows:

When off-street parking facilities are located adjacent to a public alley, the width of the alley may be included in the calculation of the maneuvering space requirement.

Off-street loading space.

In district B-2, one (1) loading space for each ten thousand (10,000) square feet or fraction of floor area in the building.

In district I, one (1) loading space for the first five thousand (5,000) to fifteen thousand (15,000) square feet, or fraction, of floor area in excess of fifteen thousand (15,000) square feet. [sic]

Each required loading space shall have a minimum size of ten (10) feet by twenty-five (25) feet.

Parking surface and drainage.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.017 Screening requirements.

This section establishes standards for the screening and separation of adjoining residential and nonresidential land uses, equipment and outdoor storage areas, and surface parking areas.

Screening between different land uses.

A commercial or industrial land use adjacent to a single-family residential district shall provide screening along the shared parcel boundary line:

Fencing shall be eight feet in height.

Colors, materials, and architectural style of the screening wall shall be architecturally compatible with other on-site development, but shall, at a minimum, be of masonry or privacy-type wood.

Openings or pedestrian connections may be required in the solid wall at the discretion of the building official, provided such openings are reflected on existing plats.

Fences between single-family uses may not exceed eight feet in height, and may be constructed with commonly accepted fencing material, including masonry, wood, pickets, split beam, or chain link.

The use of electrical fencing is prohibited except for agricultural uses; concertina or razor wire is also prohibited.

All fences shall be constructed on the property lines.

Fencing and screening for specific uses.

Swimming pools, spas, and other water features shall be fenced in accordance with the building code.

Prohibited materials.

Unless required by federal or state law, the following materials are prohibited:

Razor or concertina wire.

Chain-link fencing within a front or side street setback.

Barbed wire, except upon approval of the building official and where required for animal control.

Electrified fencing.

All fences and screening must be maintained by the property owner and kept in good repair, and replaced or replanted as necessary.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.018 Nonconformities.

Any use or structure that does not conform with the regulations contained in the zoning district in which it is located is deemed to be a legal nonconforming use when:

The use or structure was in existence and lawfully operating on the effective date of this chapter, and has since been in regular and continuous use;

The use or structure was lawfully being used at the time of the adoption of any amendment to this chapter and by such amendment was placed in a district where it is not otherwise permitted; or

The use or structure was in existence at the time of annexation to the city and has since been in regular and continuous use.

A legal nonconforming use, when discontinued or abandoned, cannot be resumed. Prima facie evidence of discontinuance or abandonment is as follows:

When land associated with a legal nonconforming use ceases to be used in such a manner for a period of one hundred eighty-three (183) consecutive days.

When a structure associated with a nonconforming use ceases to be used in such a manner for a period of one hundred eighty-three (183) consecutive days.

The intent of the owner; or

The apparent act of discontinuance as supported by evidence submitted to the board of adjustment.

The right to use a parcel of land or a structure in a nonconforming manner shall terminate under any of the following circumstances:

When the use is abandoned.

When a nonconforming use is changed to a conforming use by means of an amendment to the zoning text or map.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.019 Newly annexed areas.

Zoning annexed areas.

Permits in temporary zoned areas.

Permits for the construction of buildings in a newly annexed area prior to permanent zoning may be authorized under the following conditions:

Pre-existing or planned use.

An application for any use shall be made to the zoning official, identifying the use contemplated, and a plat showing the size and type of buildings to be constructed.

The application shall note whether the use is new, or was in existence on the effective date of annexation; or

If subsection (A), above, is inapplicable, whether the use was planned 90 or more days before the effective date of annexation; and

For subsections (A) and (B), that an initial license, certificate, permit, approval or other form of authorization by a governmental entity was required and filed for.

New use.

Unplatted property.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.020 Rezoning.

Authority.

The city council may from time to time amend, supplement or change by ordinance the boundaries of the districts or the regulations established in this chapter.

Submission to planning and zoning commission.

Required.

Procedure before the planning and zoning commission.

After the public hearings, the planning and zoning commission shall make its recommendation report regarding the change in zoning regulations or district boundaries to the city council.

Each such recommendation made by the planning and zoning commission shall be reported to the city council, in writing, and the applicant notified of the action of the planning and zoning commission.

City council public hearing.

Super-majority vote by council.

A favorable vote of three-fourths (3/4) of all members of the city council is required for a zoning change to be effective in the following circumstances:

A negative recommendation by the planning and zoning commission; or

If a protest signed by the owners of twenty percent (20%) or more of either:

The area of the lots or land included in such proposed change; or

The area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet in all directions.

Fees for requesting a change in zoning.

Accessory building or use

Limitation on resubmission of petition.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.021 Severability.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.022 Violation and penalties.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.023 Effective date.

(Ordinance 2016-002 adopted 4/26/16)

Eagle Lake City Zoning Code

ARTICLE 14

01 GENERAL PROVISIONS

[1]

§ 14.01.001 Purpose.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.002 Definitions.

means one which:

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

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

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

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

Nonconforming use, building or yard

Is not a residential use.

Alley

means a public or private thoroughfare that affords only a secondary means of access to abutting property.

Amortization

means the paying off of a debt with a fixed repayment schedule in regular installments over a period of time.

Apartment

Apartment house

Bed and breakfast

means an owner-occupied private home which offers lodging for paying guests, and which serves breakfast to these guests and which contains one or more guest rooms.

Block face

means a side of a block facing upon a street, within which lots face the abutting street.

Board

means the board of adjustment.

Boardinghouse

Build

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

Buildable width

means the width of the building site left to be built upon after the required side yards are provided.

Building

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

Building height

Building line

means a line parallel or approximately parallel to the street line and beyond which buildings may not be erected.

Building lot

Carport

Curb line

means the back or yard side of the curb. If no curb exists then the center of the drainage ditch between the roadway and the property shall be considered the curb line.

District

means a zoning district that is a part of the city wherein the regulations of this chapter are uniform.

Dust-free hard surface

Dwelling

means any building or portion that is designed for or used for residential purposes.

Dwelling, multifamily

means a building designed for or occupied exclusively by three or more families.

Dwelling, single-family

means a building designed for or occupied exclusively by one family.

Dwelling, two-family

means a building designed for or occupied exclusively by two families.

Dwelling unit

Family

means an individual or two or more persons related by blood, marriage or adoption, or a group of not more than 2 unrelated persons living together as a single housekeeping unit in a dwelling unit.

means the area of a horizontal plane intercepted by the vertical projections of the front, side and rear lot lines of a building lot.

Lot, corner

means a building lot situated at the intersection of two streets, the interior angle of such intersection not to exceed one hundred thirty-five (135) degrees.

Lot depth

means the mean horizontal distance between the front lot line and the rear lot line of a building lot measured within the lot boundary.

Lot, interior

means a building lot other than a corner lot.

Lot line, front

Lot line, rear

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

Lot line, side

means any boundary of a building lot that is not a front lot line or a rear lot line.

Lot of record

Lot, through

means a building lot where both the front and rear lot lines adjoin street lines. On a through lot, both street lines shall be deemed front lot lines.

Manufactured home

means a HUD-code manufactured home, built after 1976 and registered by the State of Texas.

Manufactured home park

means any tract or plot of land upon which two or more manufactured homes are located, regardless of whether or not a charge is made for accommodation.

Nonconforming use

means any use within a district that is not specifically permitted by the use regulations of the district in which it is located.

Nuisance

means any cause or source of annoyance or harm to person or property in a particular locality that constitutes an invasion or disturbance of another’s rights.

Open storage

Parking space, off-street

Recreational vehicle

Recreational vehicle park

Retail

means the sale of goods and services to the public for use or consumption.

Specialty food and drink

means foods that are typically considered as unique and high-valued food and drink items made in small quantities from high-quality ingredients.

Story

Story, half

Street

means a public or private thoroughfare that affords the principal means of access to abutting property.

Street line

means a dividing line between a lot, tract or parcel of land and a contiguous street.

Structural alteration

means any change in the supporting members of a structure, such as bearing walls, columns, beams or girders.

Structure

Tasting room

Travel trailer.

See “Recreational vehicle.”

Use

means the purpose or activity for which the land, or buildings on the land, is designed, arranged or intended or for which it is occupied or maintained.

Yard

Yard, required front,

Yard, required rear,

Yard, required side,

Zoning map

means the map or maps incorporated by reference into this chapter as a part of this chapter.

Zoning official

means the official of the city appointed by the city administrator as such, and whose duties include the administration and enforcement of these zoning regulations.

(Ordinance 2016-002 adopted 4/26/16; Ordinance 2023-05 adopted 9/12/2023)

§ 14.01.003 Interpretation and conflict.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.004 Preservation of existing rights.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.005 Compliance with regulations.

Except as otherwise specifically provided:

No land shall be used for a purpose except as permitted in the district in which it is located.

No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which such building is located.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.006 Interpretation of district boundaries.

Where uncertainty exists with respect to the boundaries of any districts as shown on the zoning map, the following rules shall apply:

District boundaries approximately following the centerlines of streets or highways, street lines or highway right-of-way lines, shall be construed to be such boundaries.

District boundaries approximately following lot lines shall be construed to be such boundaries.

For unsubdivided property, the district boundary lines on the zoning map shall be determined by use of the scale appearing on the map.

In the case of a district boundary line dividing a property into two parts, the district boundary line shall be construed to be the property line nearest the district line as shown.

Where the streets or alleys on the ground differ from the streets or alleys as shown on the zoning map, the streets or alleys on the ground shall control.

The zoning official shall make interpretations as necessary under this section, subject to appeal to the board of adjustment.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.007 Establishment of districts and boundaries; official zoning map.

For the purposes of this chapter, the city is divided into six districts as follows:

District R-1, single-family residential district.

District R-2, single-family, two-family, and multifamily residential district.

District B-1, central business district

District B-2, business or commercial district (includes hotels and motels).

District P, public building or public use district.

District I, industrial district.

The official zoning map of the city shall be kept in the office of the city secretary, and one copy shall be maintained by the zoning official.

It shall be the duty of the city secretary to keep the official map and the copies current by entering on both maps any changes reflecting amendments to this chapter and the map.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.008 Permitted uses and new or unlisted uses.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.009 District R-1, single-family residential district.

R-1 district description.

R-1 district use regulations.

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

One-family dwellings.

Churches and other places of worship.

Home occupations in the R-1 district shall be subject to the following standards, or, if the standards cannot be met, the grant of a special use overlay may be requested:

The residential dwelling unit shall not be modified in appearance;

No more than one (1) person who does not reside in the residence may be employed by the business;

The use is limited to office or service businesses, and may not involve vehicle service or repair, a bed and breakfast, or any type of child care facility;

The business shall be operated in accordance with all applicable laws and permitting requirements;

The business shall be owned and operated by a person who resides in the dwelling unit;

The business activity shall not occupy more than 20 percent of the gross floor area of the principal residential building;

All business operations and storage shall be contained within the residential building;

No display of merchandise shall be visible from the exterior; and

The home occupation shall not create or cause any perceptible noise, odor, smoke, electrical interference, or vibrations that constitute a public nuisance.

R-1 district area regulations.

Size of yards.

Front yard.

Side yard.

Rear yard.

There shall be a rear yard having a depth of not less than ten (10) feet.

Size of lot.

Lot area.

No building to be used as a one-family dwelling shall be constructed on any lot of less than 5,000 square feet.

Lot width.

The width of a lot for a single-family dwelling shall not be less than fifty (50) feet.

Lot depth.

Parking regulations.

Off-street parking spaces shall be provided on dust-free, hard surfaces, in such numbers as necessary to accommodate regular traffic, including disabled parking spaces:

Single-family dwelling units shall have a minimum of two off-street parking spaces.

Real estate sales offices, three (3) parking spaces plus one (1) additional parking space for each four hundred square feet of floor area over one thousand square feet.

Group homes, one space for each bedroom, plus one additional parking space for each employee.

Disabled parking spaces shall be provided as required by the Texas Accessibility Standards, and shall be in addition to the required parking outlined above.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.010 District R-2, single-family, two-family, and multifamily residential district.

R-2 district description.

R-2 district use regulations.

A building or premises in the R-2 district shall be used only for the following purposes:

One-family dwellings.

Two-family dwellings.

Apartment, townhouse or condominium dwellings and/or rental offices or accessory buildings used in conjunction with such dwellings.

Manufactured homes and manufactured home parks, provided they comply with the requirements of the manufactured home ordinance.

Churches and other places of worship.

Home occupations in the R-2 district shall be subject to the following standards, or, if the standards cannot be met, a special use overlay may be granted:

The residential dwelling unit shall not be modified in appearance;

No more than one (1) person who does not reside in the residence may be employed by the business;

The use is limited to office or service businesses, and may not involve vehicle service or repair, a bed and breakfast, or any type of child care facility;

The business shall be operated in accordance with all applicable laws and permitting requirements;

The business shall be owned and operated by a person who resides in the dwelling unit;

The business activity shall not occupy more than 20 percent of the gross floor area of the principal residential building;

All business operations and storage shall be contained within the residential building;

No display of merchandise shall be visible from the exterior; and

The home occupation shall not create or cause any perceptible noise, odor, smoke, electrical interference, or vibrations that constitute a public or private nuisance.

Senior citizen independent living facilities, assisted living facilities, nursing homes and group homes, licensed in accordance with state law.

R-2 district area regulations.

Size of yards.

Front yard.

Side yard.

Rear yard.

There shall be a rear yard having a depth of not less than ten (10) square feet.

Size of lot.

A two-family dwelling, multifamily dwelling, apartment house, townhouse, or condominium structure shall not be erected on a lot less than eight thousand (8,000) square feet.

New subdivisions and residential lots created after the effective date of this chapter shall abide by the following lot dimension standards:

Lot area.

Lot width.

Lot depth.

R-2 district parking regulations.

Off-street parking spaces shall be provided on dust-free, hard surfaces, in such numbers as necessary to accommodate regular traffic, including disabled parking spaces:

Single-family dwelling units shall have a minimum or two off-street parking spaces.

Real estate sales offices, three (3) parking spaces plus one (1) additional parking space for each four hundred square feet of floor area over one thousand square feet.

Group homes, one space for each bedroom, plus one additional parking space for each employee.

Disabled parking spaces shall be provided as required by the Texas Accessibility Standards, and shall be in addition to the required parking outlined above.

Parking for multifamily dwellings, apartment houses, townhouses, or condominiums shall be provided as follows:

The parking areas shall be landscaped and permanently maintained by the landowner or management of the complex, in addition to required on-site landscaping.

Any lighting of drives or parking areas shall be designed to not cause any glare on any other residential property.

Additional standards for multifamily dwellings, apartment house, townhouse, condominium development, or senior living facility.

Open space.

Privacy screen.

Signs.

Visibility.

Number of signs.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.011 District B-1, central business district.

District B-1 description.

District B-1 use regulations.

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

Automobile parking lots, not including commercial vehicle parking.

Banks.

Boardinghouses, lodging houses, and bed and breakfasts.

Hotels and motels.

Institutions of an educational, charitable or philanthropic nature, but not a penal or mental institution or churches.

Laundries, self-service.

Mixed use developments with commercial or office units and living units, in existing buildings in the downtown area.

Professional offices[.]

Public utilities substations.

Radio or television broadcasting station or studio.

Rental event venues.

Restaurants, cafes, specialty food and drink stores, tasting rooms, bars and taverns.

Retail stores.

Taxidermy.

Theater.

Accessory buildings and uses customarily incident to any of the uses permitted in this section provided that such use is not objectionable because of odor, dust, noise, vibration or similar nuisance.

District B-1 area regulations.

Size of yards.

Must be compatible with adjoining buildings.

Size of lot.

No limitations.

Lot coverage.

No limitations.

Build-to lines.

In keeping with the character of the B-1 zoning district, new or reconstructed buildings are required to construct to the front property line adjoining the public right-of-way.

District B-1 parking and loading regulations.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.012 District B-2, business or commercial district.

District B-2 description.

District B-2 use regulations.

A building or premises in district B-2 shall be used only for the following purposes:

Accessory buildings and uses customarily incident to any of the uses permitted in this section provided that such use is not objectionable because of odor, dust, noise, vibration or similar nuisance.

Automobile parking lots, not including commercial vehicle and recreational vehicle parking.

Automobile, commercial vehicle or recreational vehicle, or trailer display and sales, repair garages, tire and seat cover shops.

Banks.

Bowling alleys, drive-in restaurants, other similar places of entertainment or amusement, provided such use is located not less than 100 feet from any R district.

Boardinghouses, lodging houses, and bed and breakfasts.

Carwash for automobiles only.

Carpentry, painting, plumbing shop.

Churches and other places of worship.

Creamery, ice cream manufacturing and dairy operations.

Facilities for the processing and meat products of animals not for retail sale, excluding slaughter.

Farm equipment display, sales room and service yard.

Hospitals, clinics and sanitariums.

Hotels and motels.

Institutions of a religious, educational, charitable or philanthropic nature, but not a penal or mental institution.

Laundries, self-service.

Lumber yard and related storage materials.

Mixed use developments with commercial or office units and living units.

Mortuaries.

Personal service uses, including barbershops, beauty parlors, florists, photographic or artist studios, bakeries, messengers, taxicabs, newspaper or telegraphic service stations, dry cleaning and pressing, dressmaking, tailoring, shoe repairing, repair of household appliances and bicycles, catering, and other personal service uses of similar character.

Printing, engraving and newspaper plants.

Professional offices.

Public utilities substations.

Radio or television broadcasting station or studio.

Restaurants, cafes, specialty food and drink stores, tasting rooms, bars and taverns.

Retail stores.

Storage buildings.

Taxidermy.

Theater.

Upholstering shop.

Veterinarian or animal hospital provided that no such building, kennel or exercise runway shall be closer than fifty (50) feet to any R district.

Welding shop.

District B-2 area regulations.

Size of yards.

Size of yards in district B-2 shall be:

Front yard.

Side yards.

A five (5) foot side yard is required, except that a side yard of not less than ten (10) feet in width shall be provided on the side of the lot adjoining an R district.

Rear yards.

District B-2 parking and loading regulations.

Off-street parking spaces shall be provided on dust-free, hard surfaces, in such numbers as necessary to accommodate regular traffic, including disabled parking spaces:

Bowling alley, four (4) parking spaces for each alley.

Dance hall, assembly or exhibition hall without fixed seats, one (1) parking space for each two hundred (200) square feet of floor area used therefor.

Hospital, four (4) parking spaces plus one (1) additional parking space for each (8) eight beds.

Hotel, one (1) parking space for each sleeping room or suite plus one (1) space for each four hundred (400) square feet of commercial floor area.

Mortuary or funeral home, one (1) parking space for each fifty (50) square feet of floor space in parlors or individual funeral service rooms.

Motor vehicle sales rooms and used car lots, one (1) parking space for each eight hundred (800) square feet of sales floor or lot area.

Private club, lodge, country club or golf club, one (1) parking space for each three hundred (300) square feet of floor area or for every ten (10) members, whichever is greater.

Retail store or personal service establishment, except as otherwise specified in this section, one (1) parking space for each four hundred (400) square feet of floor area.

Restaurant, nightclub, cafe or similar recreation or amusement establishment, one (1) parking space for each two hundred (200) square feet of floor area.

Rooming house or boardinghouse, one (1) parking space for each sleeping room.

Sanitarium, convalescent home, home for the aged or similar institution, one (1) parking space for each six (6) beds.

School, elementary, one (1) parking space for two (2) classrooms, whichever is greater.

School, secondary and college, one (1) parking space for each sixteen (16) seats in the main auditorium or two (2) spaces for each classroom, whichever is greater.

Theater, auditorium (except school), sports arena, stadium, or gymnasium, one (1) parking space for each four (4) seats or bench seating spaces.

Tourist home, cabin or motel, one (1) parking space for each sleeping room or suite.

Accessible parking shall be provided in accordance with the standards of the Architectural Barriers [Act and the] Texas Accessibility Standards.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.013 District P, public building or public use district.

District P description.

The public building or public use district is designed to accommodate governmental facilities, community buildings and other facilities owned and/or operated by governmental or other public entities.

District P use regulations.

The following uses are permitted in the P district:

Country clubs or golf courses, but not including miniature golf courses, driving ranges or similar forms of commercial amusement.

Parks, playgrounds, community buildings and other public recreational facilities, owned and/or operated by the city or other public agency.

Public buildings and grounds, including but not restricted to churches and other places of worship, libraries, museums, police and fire stations.

School, public elementary, junior high or high school.

Schools, private, with curriculum equivalent to that of a public elementary, junior high or high school.

Water supply reservoirs, pumping plants or towers.

Public airports and related accessory uses including retail sales, and private hangar rental and sales.

District P area regulations.

Size of yards.

Front yard.

Side yards.

A five (5) foot side yard is required, except that a side yard not less than ten (10) feet in width shall be provided on the side of a lot adjoining any R district.

Rear yards.

Side of lot.

There are no side yard limitations.

Lot coverage.

There are no lot coverage limitations.

District P parking and loading regulations.

Off-street parking spaces shall be provided on dust-free, hard surfaces, in such numbers as necessary to accommodate regular traffic, including disabled parking spaces, as provided below:

Private club, lodge, country club or golf club, one (1) parking space for each three hundred (300) square feet of floor area or for every ten (10) members, whichever is greater.

School, elementary, one (1) parking space for two (2) classrooms, whichever is greater.

School, secondary and college, one (1) parking space for each sixteen (16) seats in the main auditorium or two (2) spaces for each classroom, whichever is greater.

Accessible parking shall be provided in accordance with the standards of the Architectural Barriers [Act and the] Texas Accessibility Standards.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.014 District I, industrial district.

District I designation.

District I use regulations.

A building or premises in district I shall be used only for the following purposes:

Accessory buildings and uses customarily incident to any of the uses permitted in this section provided that such use is not objectionable because of odor, dust, noise, vibration or similar nuisance.

Apparel and other products assembled from finished textiles.

Automobile, commercial vehicle or recreational vehicle, or trailer display and sales, repair garages, tire and seat cover shops.

Automobile parking lots, not including commercial vehicle and recreational vehicle parking.

Banks.

Bottling works.

Bowling alleys, drive-in restaurants, other similar places of entertainment or amusement, provided such use is located not less than 100 feet from any R district.

Boardinghouses, lodging houses, and bed and breakfasts.

Carpentry, painting, plumbing shop.

Carting, express, hauling or storage yard.

Churches and other places of worship.

Commercial large truck repair.

Commercial truck overnight parking.

Commercial vehicle or large truck wash.

Contractor’s yard.

Creamery, ice cream manufacturing and dairy operations.

Drugs, cosmetics, and pharmaceutical products manufacturing.

Electronic products (including computer hardware) assembly or recycling.

Facilities for the processing and meat products of animals not for retail sale, excluding slaughter.

Farm equipment display, sales room and service yard.

Glass products, from previously manufactured glass.

Hospitals, clinics and sanitariums.

Hotels and motels.

Household appliance products assembly and manufacture from prefabricated parts.

(27)

Institutions of a religious, educational, charitable or philanthropic nature, but not a penal or mental institution.

(28)

Laundries, self-service.

(29)

Lumber yard and related storage materials.

(30)

Mixed use developments with commercial or office units and living units.

(31)

Mortuaries.

(32)

Personal service uses, including barbershops, beauty parlors, florists, photographic or artist studios, bakeries, messengers, taxicabs, newspaper or telegraphic service stations, dry cleaning and pressing, dressmaking, tailoring, shoe repairing, repair of household appliances and bicycles, catering, and other personal service uses of similar character.

Plastic products manufacture, but not including the processing of raw materials.

(34)

Printing, engraving and newspaper plants.

(35)

Professional offices.

(36)

Public utilities substations.

(37)

Radio or television broadcasting station or studio.

(38)

Recycling facilities for glass, paper, electronics, automobile tires.

(39)

Restaurants, cafes, specialty food and drink stores, tasting rooms, bars and taverns.

(40)

Retail stores.

(41)

Sporting and athletic equipment manufacture.

(42)

Storage buildings.

(43)

Taxidermy.

(44)

Testing and research laboratories.

(45)

Theaters.

(46)

Upholstering shop.

(47)

Veterinarian or animal hospital provided that no such building, kennel or exercise runway shall be closer than fifty (50) feet to any R district.

(48)

Welding shop.

through (e) [Reserved]

District I parking off-street parking requirements based on use.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.015 Uses allowed by special use overlay.

Purpose of special use overlay.

Special use development conditions.

Specific identification of allowable uses;

Screening or buffering of property perimeter, loading docks, dumpsters and mechanical systems;

Landscaping for screening or aesthetic purposes;

Lighting;

Height and bulk limitations, including additional setback requirements;

Building character and construction materials;

Signage;

Ingress and egress, parking requirements, including location and number of spaces;

Hours of operation;

Open space or recreational requirements; and

Other performance standards determined to be appropriate to ensure compatibility with adjacent uses.

Special use overlay process.

A special use overlay is considered a zoning district change, and the application and process shall be the same as provided for in section 14.01.020 (Rezoning).

Special uses.

Home occupations may be requested to be located in an R-1 district, provided there is no signage, and additional vehicular traffic is no more excessive than other single-family residences.

The following uses may be requested to be located in a R-2 district:

Boarding, lodging, bed and breakfast, or similar small-scale use where lodging with meals is provided in a home setting.

Child care facilities, licensed in accordance with state law.

Senior citizen independent living facilities, assisted living facilities, nursing homes and group homes, licensed in accordance with state law.

Manufactured home park or recreational vehicle park, subject to compatibility with surrounding land uses and compliance with the requirements of the manufactured home ordinance.

The following uses may be requested to be located in a B-2 or I district:

Manufactured home parks permit or a recreational vehicle park subject to compatibility with surrounding land use and compliance with the requirements of the manufactured home ordinance.

If the residential structure is destroyed by fire, explosion, other casualty, act of God or public enemy, the property owner may rebuild the home.

If the residential structure is destroyed through voluntary demolition, the special use overlay is void and the next use must conform to the B-2 district.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.016 Area and parking standards.

Front yards.

Side yards.

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

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

The area required in a yard shall be open to the sky, unobstructed except for the ordinary projections of windowsills, belt courses, cornices or other ornamental features.

A roof overhang, an open fire escape or an outside stairway may project not more than three (3) feet into a required side yard, but no closer than three (3) feet to a property line.

Rear yards.

Rules for computing number of parking spaces.

In computing the number of parking spaces required for each of the uses listed in these regulations, the following rules shall govern:

Accessible parking shall be provided in accordance with the standards of the Architectural Barriers [Act and the] Texas Accessibility Standards.

Floor area means the gross floor area of the specific use.

Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.

The parking space requirement for a use not specifically mentioned in this chapter shall be the same as required for a use of similar nature.

In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.

Location of parking spaces.

All parking spaces required in this chapter shall be located on the same lot with the building or use served, except as follows:

Off-site, shared parking may be allowed for not more than fifty percent (50%) of the parking spaces required for:

Theaters, bowling alleys, dancehalls, nightclubs or cafes, and not more than eighty percent (80%) of the parking spaces required for a school auditorium may be credited for use by:

Banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as those listed in subsection (2)(A), provided;

Dimensions of parking spaces.

Minimum dimensions for off-street parking shall be as follows:

When off-street parking facilities are located adjacent to a public alley, the width of the alley may be included in the calculation of the maneuvering space requirement.

Off-street loading space.

In district B-2, one (1) loading space for each ten thousand (10,000) square feet or fraction of floor area in the building.

In district I, one (1) loading space for the first five thousand (5,000) to fifteen thousand (15,000) square feet, or fraction, of floor area in excess of fifteen thousand (15,000) square feet. [sic]

Each required loading space shall have a minimum size of ten (10) feet by twenty-five (25) feet.

Parking surface and drainage.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.017 Screening requirements.

This section establishes standards for the screening and separation of adjoining residential and nonresidential land uses, equipment and outdoor storage areas, and surface parking areas.

Screening between different land uses.

A commercial or industrial land use adjacent to a single-family residential district shall provide screening along the shared parcel boundary line:

Fencing shall be eight feet in height.

Colors, materials, and architectural style of the screening wall shall be architecturally compatible with other on-site development, but shall, at a minimum, be of masonry or privacy-type wood.

Openings or pedestrian connections may be required in the solid wall at the discretion of the building official, provided such openings are reflected on existing plats.

Fences between single-family uses may not exceed eight feet in height, and may be constructed with commonly accepted fencing material, including masonry, wood, pickets, split beam, or chain link.

The use of electrical fencing is prohibited except for agricultural uses; concertina or razor wire is also prohibited.

All fences shall be constructed on the property lines.

Fencing and screening for specific uses.

Swimming pools, spas, and other water features shall be fenced in accordance with the building code.

Prohibited materials.

Unless required by federal or state law, the following materials are prohibited:

Razor or concertina wire.

Chain-link fencing within a front or side street setback.

Barbed wire, except upon approval of the building official and where required for animal control.

Electrified fencing.

All fences and screening must be maintained by the property owner and kept in good repair, and replaced or replanted as necessary.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.018 Nonconformities.

Any use or structure that does not conform with the regulations contained in the zoning district in which it is located is deemed to be a legal nonconforming use when:

The use or structure was in existence and lawfully operating on the effective date of this chapter, and has since been in regular and continuous use;

The use or structure was lawfully being used at the time of the adoption of any amendment to this chapter and by such amendment was placed in a district where it is not otherwise permitted; or

The use or structure was in existence at the time of annexation to the city and has since been in regular and continuous use.

A legal nonconforming use, when discontinued or abandoned, cannot be resumed. Prima facie evidence of discontinuance or abandonment is as follows:

When land associated with a legal nonconforming use ceases to be used in such a manner for a period of one hundred eighty-three (183) consecutive days.

When a structure associated with a nonconforming use ceases to be used in such a manner for a period of one hundred eighty-three (183) consecutive days.

The intent of the owner; or

The apparent act of discontinuance as supported by evidence submitted to the board of adjustment.

The right to use a parcel of land or a structure in a nonconforming manner shall terminate under any of the following circumstances:

When the use is abandoned.

When a nonconforming use is changed to a conforming use by means of an amendment to the zoning text or map.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.019 Newly annexed areas.

Zoning annexed areas.

Permits in temporary zoned areas.

Permits for the construction of buildings in a newly annexed area prior to permanent zoning may be authorized under the following conditions:

Pre-existing or planned use.

An application for any use shall be made to the zoning official, identifying the use contemplated, and a plat showing the size and type of buildings to be constructed.

The application shall note whether the use is new, or was in existence on the effective date of annexation; or

If subsection (A), above, is inapplicable, whether the use was planned 90 or more days before the effective date of annexation; and

For subsections (A) and (B), that an initial license, certificate, permit, approval or other form of authorization by a governmental entity was required and filed for.

New use.

Unplatted property.

(Ordinance 2016-002 adopted 4/26/16)

§ 14.01.020 Rezoning.

Authority.

The city council may from time to time amend, supplement or change by ordinance the boundaries of the districts or the regulations established in this chapter.

Submission to planning and zoning commission.

Required.

Procedure before the planning and zoning commission.

After the public hearings, the planning and zoning commission shall make its recommendation report regarding the change in zoning regulations or district boundaries to the city council.

Each such recommendation made by the planning and zoning commission shall be reported to the city council, in writing, and the applicant notified of the action of the planning and zoning commission.

City council public hearing.

Super-majority vote by council.

A favorable vote of three-fourths (3/4) of all members of the city council is required for a zoning change to be effective in the following circumstances:

A negative recommendation by the planning and zoning commission; or

If a protest signed by the owners of twenty percent (20%) or more of either:

The area of the lots or land included in such proposed change; or

The area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet in all directions.

Fees for requesting a change in zoning.