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Galveston City Zoning Code

Division 2.400

Supplemental Standards for Various Uses

SEC. 2.401 - ACCESSORY BUILDINGS AND STRUCTURES

A.

Generally. The standards of this Section shall apply to accessory buildings and structures that are not specifically addressed elsewhere in this Article (e.g., accessory dwelling unit).

B.

Timing of Construction. No accessory building or structure shall be constructed unless the principal building has already been constructed or is under construction simultaneously with the accessory building. The City Manager may waive this requirement by securing assurance the primary structure will be completed within six months from the date the waiver is granted.

C.

Location. Accessory buildings shall be located on the same lot or parcel as the principal building or use to which they relate.

D.

Encroachment into Easements. Accessory structures shall not be located within access or utility easements unless the easement expressly allows the encroachment. A copy of the easement shall be provided to the City Manager prior to the issuance of permits or clearances for such accessory structures.

E.

Attached Accessory Buildings. The following standards shall apply to attached accessory buildings:

1.

Accessory buildings that are structurally attached to a principal building shall conform to all standards that apply to the principal building.

2.

Covered but otherwise unenclosed walkways shall not be considered attachments for the purposes of this subsection; however, overhangs from covered walkways shall not encroach into setbacks more than is allowed for principal buildings.

F.

Residential Occupancy. Residential occupancy shall not be permitted in accessory buildings that are not constructed and approved for residential use.

(Ord. No. 18-037, § 2, 6-21-18)

SEC. 2.402 - OUTDOOR SWIMMING POOLS AND SPAS

A.

Generally. Outdoor swimming pools and spas are allowed as an accessory structure according to the standards of this Section and pursuant to other applicable provisions in the City Code of Ordinances and state law.

B.

Timing and Location of Construction. The following standards shall apply to the timing and location of swimming pool and spa construction:

1.

No swimming pool or spa shall be constructed unless:

a.

The principal building has already been constructed or is under construction simultaneously; or

b.

The swimming pool or spa is or will be controlled by a property owners' association, and the development phasing plan allows its construction before construction on the lots to which the swimming pool or spa relates.

2.

In general, a swimming pool or spa shall be constructed on the same lot as the principal building to which it is accessory. A swimming pool or spa that is intended to serve the occupants of all lots in a subdivision shall be constructed on a tract that is owned and maintained by a property owner's association.

C.

Setback. No encroachment of easements. Any structure taller than 30 inches, including mechanical equipment, must meet setbacks. (Ord. 15-032)

D.

Pool Yard Enclosures. Pool yards shall be enclosed as required by the City Code of Ordinances or Section 757.001, et seq., Texas Health and Safety Code.

(Ord. No. 18-037, § 2, 6-21-18)

SEC. 2.403 - RETAINING WALLS

A.

Applicability. The provisions of this Section shall apply to all retaining walls as defined in Article 14, Definitions. All properties or developments existing on the effective date of the ordinance through which these provisions were adopted (March 26, 2009) shall comply with the provisions of this Section if:

1.

The structure on the property is increased in square footage greater than:

a.

25 percent of the total floor area;

b.

1,000 square feet;

2.

There is a change of ownership of the property; or

3.

The value of all construction done on the property since the effective date (March 26, 2009) totals at least 35 percent of the tax roll value of the property on the effective date.

B.

For the purposes of this section a "Retaining Wall" means a wall or terraced combination of walls constructed for the purpose of raising the grade of a site, or portion of a site, greater than 32 inches from the adjacent lower grade. Retaining walls may provide a foundation wall for a structure, or may be open above regardless if it serves as a retaining wall or not.

C.

Screening from Right-of-ways. All non-decorative retaining walls shall be screened from public right-of-ways. Retaining wall screening shall consist of:

1.

Reserved.

2.

Reserved.

3.

Landscape Strip: A landscape strip, minimum 2 feet wide.

4.

Shrubs: The landscape strip shall contain shrubs with a maximum height of 24 inches tall. The shrubs shall be spaced at 36 inches on center and be located on private property at the base of the wall.

C.5

Materials. Retaining walls adjacent to or visible from a public rights-of-way and adjacent to neighboring properties shall be composed of brick, stone, traditional brick, split face decorative block, textured or patterned concrete. The decorative side of the masonry retaining wall shall face out from the property. Any other finish materials shall require a detailed description, drawings, justification, and the approval of the Development Services Director.

D.

Retaining walls must:

1.

Be located on private property;

2.

Have a detailed site plan showing setbacks;

3.

Have an approved drainage and grading plan; and,

4.

Obtain a separate fill permit prior to the approval of a retaining wall permit.

E.

Maximum Height. Retaining walls shall not exceed a maximum height of four (4) feet. Any increase to the maximum allowable height must be reviewed and approved by the Development Services Director. For the purposes of determining maximum allowable height, the City measures the "exposed retaining wall height", which is the vertical distance measured from the finish grade (i.e., lower soil grade) to the finish grade at the top of the wall.

(Ord. No. 18-037, § 2, 6-21-18)